IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

MONDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO

PRESENT

THE HONOURABLE SRI JUSTICE A.VENKATESHWARA REDDY

CIVIL REVISION PETITION NO: 3727 OF 2016

Petition under Article 227 of the Constitution of India, aggrieved by the Order dated. 29.4.2016 passed in E.P. No. 26 of 2005 in Award in O.S.No. 64 of 2004 on the file of the Court of the Principal District Judge, at Khammam.

Between:

V. Sambasiva Rao, S/o. Late Venkateswara Rao, aged about 67 years, Formerly Managing Director, of M/s. Khammam Cold Storage Private Limited, R/o.Ashoknagar, Vijayawada-520 007, Krishna District.

...Petitioner

AND

• M/s Tribal Cooperative Marketing Development Federation of India Limited, New Delhi, attached to Ministry of Tribunal Affairs, Government of India, Having its Office at NCUI Building, 2nd Floor, No.3 Siri Institutional Area, August, Kranti Marg, New Delhi-110 016.
• M/s. Khammam Cold Storage Private Limited, Having its Registered Office Near Grain Market Road, Plot Nos. 45 to 48, Khammam, Andhra Pradesh, represented by the Managing Director.

...Respondents/Claimant-Decree Holder and J.Dr.

I.A. NO: 2 OF 2016(CRPMP. NO: 4642 OF 2016)

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased grant of stay of all further proceedings in EP No.26 of 2005 in award in OS No.64 of 2004 on the file of the Court of the Principal District Judge, Khammam in so far a the arrest of the petitioner herein pending the disposal of the above Civil Revision Petition.

I.A. NO: 3 OF 2016(CRPMP. NO: 6013 OF 2016)

Between:

M/s Tribal Cooperative Marketing Development Federation of India Limited, New Delhi, attached to Ministry of Tribunal Affairs, Government of India, Having its Office at NCUI Building, 2nd Floor, No.3 Siri Institutional Area, August, Kranti Marg, New Delhi-110 016

....Petitioner/1^st Respondent

AND

• V. Sambasiva Rao, S/o. Late Venkateswara Rao, aged about 67 years, Formerly Managing Director, of M/s. Khammam Cold Storage Private Limited, R/o.Ashoknagar, Vijayawada-520 007, Krishna District.
• M/s. Khammam Cold Storage Private Limited, Having its Registered Office Near Grain Market Road, Plot Nos. 45 to 48, Khammam, Andhra Pradesh, represented by the Managing Director.

...Respondent/2^nd Respondent

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to vacate the interim stay order passed in Civil Revision Petition. M.P. No. 4642 of 2016 in Civil Revision Petition No. 3727 of 2016, dated. 02-07-2016.

Counsel for the Petitioner: SRI SIVA S LANKA Counsel for the Respondent No.1: SRI JOGRAM TEJAVAT Counsel for the Respondent No.2: SRI P. RAVINDER The Court made the following: ORDER

IIONOURABLE SRI JUSTICE A'VENKATESITWARA REDDY CIVIL REVISION PETITION No.3⁷²⁷ oF 2016 ORDER:

Heard learned counsel for the petitioner and learned counsel for the respondents.

2. Perused the records.

3. karned counsel for the petitioner seeks to submit that vide E.A.No.98 of 2017, the E.P'No.26 of 2005 was terminated on Og.Oa.2Ol7. On verification of the case status information also it is reflected that on O9.O8.2O17, the E.P is terminated 4s per the orders in E.A.No.98 of 2017.

4. At this stage, learned counsel for the first respondent-M/s. Triba1 Co-operative Marketing Development seeks to submit that the entire amount is not received by the first respondent and still some amount has to be received by the first respondent pursuant to the Award No.64 of 2004.

5. The submissions made by Sri Jogram Tejavat, learned counsel for the first respondent are recorded.

6. In view of the submissions of learned counsei for the petitioner and a.lso the case status information, this CRp is dismissed as infructuous with liberty to the 1irst respondent to ta-ke appropriate steps for recovery of remaining amount, if any, in accordance with law. Pending miscellaneous applications, if arly, shali stand closed.

sd/-K.oNESlM ASSISTANT REGISTRAR .ll

//TRUE COPY//

SECTION OFFICER

/

The Principal District Judge, at Khammam To

• One CC to SRl. SIVA S LANKA, Advocate IOPUCI 1 2
• One CC to SRl. JOGRAIM TEJAVAT, Advocate [OPUC] 3
• One CC to SRl. P. RAVINDER, Advocate IOPUCI 4
• Two CD Copies (
• One spare cop o

SA

1 \

HIGH COURT

DATED:07/02/2022

ORDER

CRP.No.3727 of 2016

DISMISSING THE CIVIL REVISION PETITION AS INFRUCTUOUS