Disposed

M/s P.L.Raju Constructions Ltd. v. M/s Rashtriya Pariyojana Nirman Nigam Ltd. and 4 others

Telangana HC3 Mar 2022CRP/435/2022

Case brief

AI extract

What is this about?

High Court directed lower court to expedite execution proceedings filed by decree holder and dispose of pending applications within three months to curb judicial delay. Petition filed under Article 227 and Section 151 CPC.

What did the court decide?

Directed lower court to take up EP No. 2067 of 2019 on 25.03.2022 and proceed to decide within three months from that date.

M/s P.L.Raju Constructions Ltd. Vs M/s Rashtriya… — Execution and Attachment | Telangana HC (2022)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE UJJAL BHUYAN

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CIVIL REVISION PETITION NO: 435 OF 2022

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P tition under Adicle 227 of the Constitution of lndia aggrieved by the order dated 2 d 02.2022 in E.P.No.2067 of 2019 in OS.N0.249 of^'1 999 on the file of the Court of lrf,u^{Xt ROa','onalChief Judge, City Civil Courts,Hyderabad.}

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I Betw een:

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It/ls I P.L.Raju Constructions Ltd, rep. by its Managing Director, having its re'gistered office at Plot No.437, Road No.20, Jubilee Hills, Hyderabad- 500 036

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..,PETITIONER/DECREE HOLDER/PLAINTIFF

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1.M s Rashtriya Pariyojana Nirman Nigam Ltd, (now National Projects oration Ltd) (A Government of lndia enterprise) rep.bv its naging Director, at Raja House, 30-31, Nehru Place, N ew

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AND

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iyojana Nirman Nigam Ltd, (now National Projects oration Ltd) at 6-3-659/4, Kapadia Lane, Sonnajiguda,

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Hirderabad

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3 FJod Corporation of lndia Ltd, rep.by its Chairman, at Khadya Sedan (Head qUarters), 16-20, Barkamba Lane, New Delhi

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4 FJod Corporation of lndia Ltd, rep.by its Regional Manager at 5-10-198, HACA Bhavan Third floor,^{Public Gardens Road, Hyderabad}

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C T.Kumar, CE, CWS(Retd), Sole Arbitrator, H. No.2-2-1 B/31 I Cl A, D D.Colony, Hyderabad.

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(Respondent Nos.3 to 5 are not necessary parties to lA / CRP)

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..RESPONDENTS/JDR,S/RESPONDENTS

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IA NO: 2 oF 2022

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pl,ition under Section 151 CPC praying that in the circumstances stated in the ariJav it filed therewith, the High Court may be pleased to direct the

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respondent Nos.1 e rd 2 to furnish the^particulars of the assets and the bank account of the respc^'rdents, pending disposal of CRP. No.43512022.

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lA NO: 3 OF 2022

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Petition unde Section 151 CPC^praying that in the circum:;tances stated in the affidavit filed the "ewith, the High Court may be pleased to direct the court of Xl Additional Chief Jur ge, City Civil Court, Hyderabad to dispose ol E.P.No.2067 of 2019 along with E.l .No.5 of 2022 wilhin a period of two weeks, rending disposal of CRP.No.435/202 l.

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Counsel for the Pe itioner: SRI D. VENKATA PADMAJA

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Cou nse for the Re ;pondents: NONE APPEARED

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I The Co U rt made th: following: ORDER

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THE HON'BLE SRI JUSTICE UJJAL BHIIYAN CML REVISION PETITION No.435 OF 2022

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ORDER:

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Heard Ms.Venkata Padmaja, learned counsel for the petltloner.

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2 This petition has been Iiled under Article 227 of the Constitution of India lor a direction to the learned Court below to take effective steps in E.P.No.2067 of 2019.

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3 Petitioner had filed O.S.No.249 of 1999 to make the arbitral award dated 01.12.1994 passed by the sole arbitrator Rule of the Court. Dispute is between petitioner and M/s.Rashtriya Pariyojana Nirman Nigam Limited, now known as National Projects Construction Corporation Limited, a Government of India enterprise. The suit was decreed on 13.O4.2006. Petitioner as the decree holder sought execution of the decree in E.P.No.2067 of 20 i9. Though the judgment debtor has appeared in E.P.No.2067 of 20 l9, the same is being delayed lor one reason or the other. On 15.12.2021, judgment debtor filed an application in the execution proceedings under Section 717^{of the Civil ProcedureCode, 1908 raising various objections} to the execution. As a result, hearing of E.P.No.2067 of 2Ol9 has been delayed. When it was last listed on 25.O2.2022, it^got

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adjourned o 25.03.2022 for no apparent reasott. In^such circumstanr es, the present petition has been filed^{trnderArticle} 227 of the⁽ onstitution ol India.

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4 Witho rt expressing any opinion on merit, Court is of the view that I 'arned Court below should take effect ive sleps to decrde E.P.l o,2067 of 2019.

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5 Accorr ing1y, it is hereb,v directed that the )ii Additional Chief Judg e, City Civil Court, H.,-derabad shtrll take up E.P.No.2061 of 2Ol9 along n ith all pending applice,tions on the scheduled r ate i.e. on 25.03.2022 and proceed t,r decide the same in ac 'ordance with 1au, rvithin a period of t rrce months from the ne :t date of hearing i.e.25.O3.2022.

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6 This d sposes of the Civil Revision Petitior-r, Nr order as to costs. Misc :llaneous petitions, if any', pending in tl,is CRP shall

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stand closer .

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SD/.P,PADMANITBHA^REDDY ASSISTANT^REGISTRAR //TRUE COPY' iu

SECTION^OFFICER

To,

The Xl Additione^{Chief Judge, City Civil Courts'Hyderabad}

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2 One CC^{to Sri D Venkata Padmaja' Advocate IOPUC]}

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Two CD CoPies 4. One Spare^CoP' obr

HIGH^COURT

DATED:^{03/03 2022}

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ORDER

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CRP.No.43l^{of 2022}

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DISPOSIN^{G OF THE GRP} WITHOUT^COSTS

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M/s P.L.Raju Constructions Ltd. v. M/s Rashtriya Pariyojana Nirman Nigam Ltd. and 4 others

Case brief

What is this about?

What did the court decide?

M/s P.L.Raju Constructions Ltd. v. M/s Rashtriya Pariyojana Nirman Nigam Ltd. and 4 others

Case brief

What is this about?

What did the court decide?

What the court decided

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