ASHOK KUMAR RAKESH KUMAR Vs. A. P. FOODS
LAWS(TLNG)-2022-1-86
HIGH COURT OF TELANGANA
Decided on January 07,2022

Ashok Kumar Rakesh Kumar Appellant
VERSUS
A. P. Foods Respondents

JUDGEMENT

ABHINAND KUMAR SHAVILI,J. - (1.)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, Hydeabad.
(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.23/5/2001 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 23/5/2001 and the petitioner has filed O.P.No.1282 of 2002 under Sec. 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.8/2/2005.
(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.23/5/2001. 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.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.