Revision allowed setting aside impugned order which dismissed application challenging execution proceedings violating stay order granted by appellate authority on arbitral award.
Order dated 13.7.2022 set aside; matter remanded; execution of order dated 9.2.2022 stayed pending consideration of application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE TWENTY SECOND DAY OF JULY ' TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE P. NAVEEN RAO
CIVIL REVISION PETIT ION NO: 1597 OF 2022
Petition under Section 115 of Civil Procedure Code, againsVaggrieved by the order dated'13.07.2022 in E.A.SR.No.5499 oI 2022 in E.p.No.28 of 2022 in ABR/CF/No.207 ot 2018 on the file of First Senior Civit Judge, City Civil Court at Hyderabad.
Between:
ri K. Shankar, S/o Sita Ramulu, aia 50 years, Occ. lnspector of Police, 0/o DlG, Crime lnvestigation, Dept.,Lakdikapool, Hyderabad, F/o H.No.1-1 1-28i3, Rajendranagar, Ranga Reddy District, Telangana State
...PETITIONERyJUDGMENT DEBTOR No.4
AND
...RESPONDENT/DECREE HOLDER
...RESPONDENTS/JUDGMENT DEBTOR No. 1 to 3
lA NO: 1 OF 2022
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to direct the Salary disbursing officer/Accounts officer, 0/o DIG office, Crime lnvestigation Department, Lakdikapool, Hyderabad, TO STOP the recovery of salary from the
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Petitioner/JD-4, in E.P.No.2Bl2022 in ABR/CF/NO.20712018 on the file First Senior Civil Judge, City Civil Court, at Hyderabad, pending disposal of CRp.
Counsel for the Pe,titioner: SRI P. VENKANNA
Counsel forthe Respondent No.1: SRI N. SRIKANTH GOUD
The Court made tl're following: ORDER
HON'BLE SRI JUSTICE P.NAVEEN RAO
C.R.P.No. L597 of 2022
ORDER:
Heard lcarncci counscl lor petitioner Sri P Venkanna and learnccl counscl ibr respondent no.1 Sri N Srikanth Goud.
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of the judgment debtor in monthly instajments. petitioner filed E.lr (Sr) No. 5499 of 2022 praying to recall the order dated 9 2.2022 by referring to stay order granted by the Chief Se cretaqr dated 0L-06_2022. Instead of considering the mat.:er on merits, the Execution Court passed orders under revision dated i3.7.2022, returning the application holding lhat..Slnce stag granted. bg CS of Gouernment, hence p etition r,.ot maintqinable. Hence returned..,,
of order dated.9.2.2O22 passed by the Execution Court.
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Miscellaneous petitions pending, if any, shall stand closeci.
SD/.P.PADMANABHA REDDY ASSISTANT REGIST R
//TRUE COPY//
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SECTIO FFICER
To, 1. The First Senior Civil Judge, City Civil Courtat Hyderabad. 2. One CC to Sri P. Venkanna, Advocate IOPUCI 3. One CC to Sri N. Srikanth Goud, Advocate [OPUC] 4. Two CD Copies 5. One Spare Copy gbr
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HIGH COUllT
DATED: 2210V 12022
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ORDER
CRP.No.1597 of 2022
ALLOWING THE CRP WITHOUT COSTS
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2 issues framed by the court
Whether execution proceedings can be initiated when the appellate authority has granted a stay on the arbitral award pending appeal.
Whether the impugned order returning the stay application as not maintainable was correct in law.
2 provisions across 1 enactments
K. Shankar
M/s Shriram Chits Pvt. Limited
P. NAVEEN RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
