Four civil revision petitions arising from interim orders in suit proceedings involving rail supply contracts were dismissed as infructuous after counsel reported that the underlying suit itself had been dismissed for default, with liberty given to revive the petitions if the suit is restored.
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134431
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THURSDAY HE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA
CIVIL REVISION PETITION Nos: 2441 2930 4355 and 4747 0F 2017
CIVIL REVI SION PETITION NO:2lM1 oF 2017
Petition under Arlicre 227 of the constitution of rndia aggrieved by the order dated 2410412017passed in r.A No 198 0t 2016 in os No.77d6f 2016 0'nihl rir. or the Xl Additionat Chief Judge, City Civil Court, Hyderabad.
Between:
Vossloh Fastenino Systems GV.BH (V_FS), Vossloh Strasse 4. D_SB7I1 werdhore, Germariy Ri:presented by itd de-#rar Manager. Mr. Mundrichuvatir Damodaram snibv' radbresa ..i;;Ji,y ihiliri.iin i. tn"" d..iii'iii.iir.i' ,i,j.,igl VisskigsraBe + b bazsi-wei;hJd,'';,""5tt;n raoo, D-58778, Werdohr, Germany. Represented by its Genera'i' liinrgur, Mr. Mundrichuvatir Damodaram Shiby.
...petitioner/Respondent No.1
AND
...Respondent No.1/plaintiff
...Respondent No.2/ Respondent No.2
l.A. NO: 2 OF 2017(CRPMP. NO: 3't87 OF 20171
Petition under Section 151 of cpc praying that in the circumstances stated in the affidavit fired in support of the pltition, the High court may be pleased to suspend the operation of the order aatea iq o,i..zoJi"p"".1i i, lA No 198 of 2016 in o S No 77B of 2016 passed by the x Additi;;ricr,i"r Judge as in charge of Xr Addtionar chief Judge, city bivir cor,t ,i iyJ"rauro pending the diposal of the above revision petitiJn.
CIVIL REVISION PETITION NO:2930 0F 2017
Petition under Article 227 ol the Constitution of lndia ag i inst the Order dated 2410412017 Passed in I.A.No.198 of 2017 in OS No.778 of 20'l i on the fite of the X Additional Chief Judge, City Civil Court, Hyderabad FAC Xl Aj litional Chief Judge, City Civil Court, Hyderabad.
Between:
L & T Metro Rail [Hyderabad] Limited, Q3, 4th Floor, Cy rer Towers, Hi-Tech City, Hyderabad, rep by its Head-Legal and Company Sri retary
...Petitiorrr r/Respondent No.2
AND
...Respondents/Plainl:i f/Respondent No.2
l.A. NO: 1OF 2017(CRPMP. NO: 3887 0F 2017
Petjtion under Section 151 of CpC praying that i the circumstances stated in the affidavit filed in support of the petition, the ligh Court may be pleased to dispense with the filing of the certified copy rf the order dated 24.04.2017 in IA No.198 ot 2017 in OS No.77B of 2017 pasr;r d by the Hon'ble X Additional chief Judge, city civit court, Hyderabad FAC Xt Ai litional chief Judge, City Civil Court, Hyderabad.
l.A. NO: 2 OF 2017(CRP MP. NO: 3888 OF 2017)
Petition under Section'151 of CpC praying that ir the circumstances stated in the affidavit filed in support of the petition, the ll gh Court may be pleased to suspend the Order dated24.04.2017 passed ir tA No.198 of 2017 in OS No.778 of 2017 by the Hon'bte X Additionat Chief Ju,l |e, City Civil court, Hyderabad FAC Xl Additional Chief Judge, City Civit Court, Hy(t( rabad.
CIVIL REVISION PETITION NO: 4355 OF 2017
Petition under Arlicle 227 of the constitution of lndia ag;r rst the order dated 2410412017 Passed in l.A.No.198 ol 2017 in oS No.77B of 201( on the fite of the X Additional chief Judge, city civil court, Hyderabad FAC Xt Acr itionat chief Judge, City Civil Court, Hyderabad.
Between:
L & T Metro Rail (Hyderabad) Ltd, 03, 4th Floor, Cyber Towers, Hi-Tech City, Hyderabad, rep by its Head-Legal and Company Secretary
...Petitioner/Respondent No.1
AND
...Respondents/Plaintiff/Respondent No.2
l.A. NO: 1 OF 2017(CRPMP. NO: 5723 OF 20171
Petition under Section 151 of CPCpraying that in the circumstances stated in the affidavit filed in support of thepetition, the High Court may bepleased to suspend the operation of Order dated 31.07.2017passed by theLower Court in LA.No.552 ol 2017 in O.S.No.439 oI 2017 suspending the operation of the notice issued by the first Respondent (pending disposal of the main suit) styled as"short closure" of purchase order E9052P03000013 Vide PO amendment E9052POA7000006/3-Revenue and Domestic, dated 17.05.2017 received on 08.06.2017 in lhe interests ofjustice.
CIVIL REVISION PETITION NO:4747 OF 2017
Petition under Arlicle 227 of the Constitution of India aggrieved by the Order daled 3110712017 Passed in LA.No.552 of 2017 in OS No.439 of 2017 on the file of the X Additional Chief Judge, City Civil Court, Hyderabad.
Between:
Vossloh Fastening Systems Gmbh (VFS), Vossloh Strasse 4, D-58791, Werdohl, Geimany Represented by its General Manager, Mr. Ivlund rich uvatil Damodaran Shiby.
Petitioner/Respondent No.2
AND
...Respondent No.1/PIaintiff
...Respondent No.2/Respondent No.1
I
l.A. NO: 1 oF 2017 CRPMP. NO: 6189 oF 2017
Petition under section 'r 51 0f cpc praying that in t1 ) circumstances stated rn the-affidavit fired.in support of the petiiion, tnl'HIgh c( urt may be preased to suspend the operation of the o.rder oit"J ir'ri7:otz in te. No. 552 0f 2017 in o s' No 439 of 20i7 on the fire "r i noJiii"""itni.r r rdge, city civir courr, Hyderabad, pending disposat ot tre preseniCi"iii"iiri"" I ,etition.
Counsel for the petitioner in CRP No.2441 ot 2012 & CRP No.2930 ot 2017: SRt TpS HARSHA
Counsel for the Respondents in CRP No.2441 ot 2017 & CRP No.2930 of 2011: SRt D JAGADESHWAR RA(l
Counsel for the petitioner in cRP 4355 OF 2017: sRt M s SRIN|VASA tyENGr\ t Counsel for the Respondents in CRP 4355 OF Z01t: SRI E V V S RAVI KUMAR, SI t. TpS HARSHA, counsel for the petitionersRl AVINASH DESAI inCRP 4741 ot2017: SRI TpS HARSHA Counsel for the Respondents in CRP 4747 ot 2011: SRt YOGESH KUMAR HERO,: R
The Court made the following: COMMON ORDER
77
THE HON'BLE SRI.IUSTICE NARSING RAO NANDIKONDA C.R.P. Nos.2441 2930 4355 and 4747 of2Ot7
COMMON ORDER:
.Todaywhenthe matters have come up beforethis Court for hearing, it is reported by the learned counsel for the petitioners that the very suit itself is dismissed lor.default, though arr application said to have been filed under Order iX Rule IX of CPC for restoration of suit is pending .
SDI- MOHD.ISMAIL
EPUTY REGISTRAR
/ffRUE COPY//
SECTION OFFICER
HIGH COURT
DATED: 09110t202s
COMMON ORDER
CRP Nos:2441, 2930,4355 and474t OF 2},ll
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DISMISSING THE CRps AS TNFRUCTUOUS
WITHOUT COSTS
1 issue framed by the court
Should the civil revision petitions challenging interim orders remain pending when the underlying suit has been dismissed for default and restoration is being sought?
2 provisions across 2 enactments
Vossloh Fastening Systems GmbH (VFS)
Patil Rail Infrastructure Pvt Ltd
L & T Metro Rail (Hyderabad) Limited
Narsing Rao Nandikonda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
