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2022 DIGILAW 24 (TS)

Ashok Kumar Rakesh Kumar v. A. P. Foods

2022-01-07

ABHINAND KUMAR SHAVILI, SATISH CHANDRA SHARMA

body2022
ORDER : Abhinand Kumar Shavili, J. The present Civil Revision Petition is filed aggrieved by the orders dt.16-11-2018 passed in C.E.P.No.25 of 2017 in E.P.No.59 of 2010 of the Commercial Court-cum-XXIV Additional Chief Judge, City Civil Court, Hyderabad. 2. It has been contended by the petitioner that he is a judgment debtor and the respondent-decree holder has filed C.E.P.No.25 of 2017 in E.P.No.59 of 2010 against the petitioner for execution of Arbitral Award dt.23-05-2001 passed by the Arbitrator. The petitioner had contended that he is not having any means to pay the amount as adjudicated by the Arbitrator and the Arbitrator has passed an ex parte award on 23-05-2001 and the petitioner has filed O.P.No.1282 of 2002 under Section 34 of the Arbitration and Conciliation Act, 1996 and the said O.P. was dismissed by XIV Additional Chief Judge, City Civil Court, Hyderabad, vide orders dt.08-02-2005. 3. The petitioner had further contended that the Court below has erroneously come to a conclusion that the petitioner is a partner of three firms viz., M/s. India Wire and Allied Products, M/s. Hyderabad Plastics and M/s. Balaji Shivanarayan and Company. The Arbitrator based upon an erroneous finding that the petitioner is a partner of those three firms passed an Arbitral Award dt.23-05-2001. Later, the respondent/decree holder filed C.E.P.No.25 of 2017 in E.P.No.59 of 2010 and the same was allowed by orders dt.16-11-2018 with a direction that the petitioner be arrested by issuing arrest warrant under Order XXI Rule 34 CPC. Challenging the same, the present Civil Revision Petition is filed. 4. Learned counsel for the petitioner has contended that the petitioner has no means to honour the arbitral award passed by the Court below. This Court was pleased to grant interim suspension vide orders dt.23-08-2019. 5. When the matter is taken up for hearing today, this Court has specifically asked as to how much time the petitioner would take to comply with the Arbitral Award dt.23-05-2001. In reply thereto, learned counsel for the petitioner has expressed that the petitioner is not in a position to honour the Arbitral Award. 7. Learned counsel for the respondent has contended that the award passed by the Arbitrator dt.23-05-2001 has become final and the O.P. preferred by the petitioner against the Arbitral Award i.e. O.P.No.1282 of 2002 was also dismissed confirming the Arbitral Award. 7. Learned counsel for the respondent has contended that the award passed by the Arbitrator dt.23-05-2001 has become final and the O.P. preferred by the petitioner against the Arbitral Award i.e. O.P.No.1282 of 2002 was also dismissed confirming the Arbitral Award. The petitioner has exhausted all the remedies available against the said Arbitral Award and the Arbitral Award has become final. Therefore there are no merits in the Civil Revision Petition and the same is liable to be dismissed. 8. Having considered the rival submissions made by the counsel appearing for both sides, this Court is of the considered view that the Arbitral Award dt.23-05-2001 has become final and the petitioner has unsuccessfully exhausted all the remedies available to him. 9. Moreover, when a question is posed by this Court as to how much time is required to comply with the arbitral award, no attempt is being made by the petitioner to honour the Arbitral Award. Hence, this Court is not inclined to interfere with the impugned orders passed in C.E.P.No.25 of 2017 in E.P.No.59 of 2010 which were passed in order to execute the Arbitral Award dt.23-05-2001 which has become final and it is liable to be executed against the petitioner. However, as a last chance, the petitioner is given six more months’ time from today to comply with the Arbitral Award, failing which, the orders dt.16-11-2018 passed in C.E.P.No.25 of 2017 in E.P.No.59 of 2010 passed by the Commercial Court-cum-XXIV Additional Chief Judge, City Civil Court, Hyderabad, stands revived. 10. With these observations, the Civil Revision Petition is disposed of. No costs. 11. Pending miscellaneous applications, if any, shall stand closed.