Radha Madhav Engineering Enterprises v. Rashtriya Ispat Nigam Ltd.
2018-06-11
N.BALAYOGI, V.RAMASUBRAMANIAN
body2018
DigiLaw.ai
ORDER : V. Ramasubramanian, J. This is an application filed by the award-holder seeking a limited relief to direct the Principal District Court, Visakhapatnam, to dispose of I.A.No.629 of 2017 filed in a pending application under Section 34 of the Arbitration and Conciliation Act, 1996. 2. Heard Mr. P.V. Krishnaiah, learned counsel for the petitioner. Mr. A.Krishnam Raju, learned counsel, takes notice for the 1st respondent/award-debtor and he is represented by Mr. V.Ravinder Rao, learned Senior Counsel appearing for him. 3. The dispute between the petitioner and the 1st respondent was referred to an Arbitral Tribunal comprising of 3 members who are the respondents 2 to 4 herein. They passed an award on 15-12-2016. 4. Challenging the award, the 1st respondent filed O.P. No. 306 of 2017 under Section 34. Immediately upon receipt of notice in the petition under Section 34, the petitioner/award-holder filed an application in I.A.No.629 of 2017 seeking the dismissal of the O.P. on the ground that the O.P. was filed without complying with the pre-condition prescribed under Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006. In this application, the 1st respondent sought time to file counter and hence the application has been adjourned from time to time for the past nearly a year. Hence, the award-holder has come up with the above revision seeking a direction to the Trial Court to dispose of I.A.No.629 of 2017. 5. In the light of the limited nature of the prayer made by the petitioner, without expressing any opinion on the merits, the civil revision petition is disposed of directing the Principal District Judge, Visakhapatnam, to dispose of I.A.No.629 of 2017 in A.O.P.No.306 of 2017 after giving opportunities to both sides, within a period of 4 (four) weeks from the date of receipt of a copy of this order. The interlocutory applications, if any, pending in this revision shall stand closed. No costs.