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.
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