IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO AND THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CIVIL REVISION PETITION NO: 2091 OF 2024 Petition under Section 115 of CPC praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to aggrieved by the docket order in A.R.B.E.P.No.665 of 2024 dated 05-01-2024 on the file of the VII Additional District Judge, Vijayawada. Between: M/s. Andhra Pradesh Co-Operative Oil Seeds Growers Federation Limited, H.No.55-17, 2 to 4, 4*'' Floor, C-Block, C-Block, Near CGO Complex, Road No.2, Industrial Estate, Nawahar Auto Nagar, Vijayawada-520 007 Rep by its Vice-Chairman and Managing Director Chavala Babu Rao. ...Petitioner/Respondent/JDR AND M/s NCS Industries Pvt Limited, Office at Fiat No.303, 3'"' Floor, Kamalas White House Celesttia, Road No.8 and 10, Banjara Hills, Hyderabad, Rep by its Managing Director Narayanam Murali S/o. Narsimha Murthy, R/o. Kakinada. ...Respondent/Petitioner/DHR % lA NO: 3 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the docket order A.R.B.E.P.No.665 of 2024 dated 05-01-2024 on the file of the VII Additional District Judge, Vijayawada to the extent of issue Order XXI Rule 46 CPC attachment on the schedule property pending disposal of the main CRP. Counsel for the Petitioner: SRI P. NAGENDRA REDDY Counsel for the Respondent: SMT. AVANIJA INUGANTI The Court made the following ORDER: APHC010143782024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3508] WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CIVIL REVISION PETITION NO: 2091/2024 Between: ...PETITIONER M/s Andhra Pradesh Co Operative Oil Seeds Growers Federation Limited AND ...RESPONDENT M/s Ncs Industries Pvt Limited Counsel for the Petitioner: 1.P NAGENDRA REDDY Counsel for the Respondent: 1.AVANIJA INUGANTI The Court made the following: Order: (perHon’ble Sri Justice R. Raghunandan Rao) An Arbitration, initiated between the petitioner and the respondent The resulted in an award, being passed in favour of the respondent, petitioner, sought to assail the said award, by filing an application under Section 34 of the Arbitration and Conciliation Act, 1996. On account of lack of clarity regarding the Court, before whom the application should be filed, the matter reached the Hon’ble High Court for the State of Telangana, by way of C.R.P.No.2864 of 2023, wherein the condonation of delay in representation of 2 RRR,J & MRK,J C.R.P.No.2091 of 2024 the application, before the Commercial Court, Hyderabad, came to be challenged before the Hon’ble High Court for the State of Telangana. It appears that, on account of the orders of the Hon’ble High Court for the State of Telangana, dated 26.09.2023, in C.R.P.No.2864 of 2023, the application for challenging the award, under Section 34 of the Arbitration and Conciliation Act, 1996, could not be proceeded with. The respondent herein, had also filed an A.R.E.P.No.357 of 2022, before the learned Principal District Judge, Rajamahendravaram for attachment and sale of immovable properties and the same has been transferred before the learned III Additional District Judge, Kakinada and is pending before that Court. 2. During the pendency of this Execution Petition, the respondent again filed E.P.No.665 of 2022, before the Principal District Court, Machilipatnam, for attachment of the amount lying in the bank account of the petitioner. It was later transferred to the VII Additional District & Sessions Judge (FTC), Vijayawada. The appellant sought time for filing counter-affidavit, on the ground that, C.R.P.No.2864 of 2023, is still pending before Telangana. The Executing Court, after granting some adjournments was pleased to set the petitioner ex-partee and forfeited the right to file counter-affidavit, by an order, dated 05.01.2024. 3. 4. Aggrieved by the said order, the petitioner has approached this Court by way of the present Civil Revision Petition. 3 RRR,J & MRK,J C.R.P.No.2091 of 2024 It is the contention of the revision petitioner that, a counter-affidavit 5. could not be filed, on 05.01.2024, as the Courts were boycotted on that day by the advocates and it was not possible for the learned counsel for the petitioner to approach the Court and file a counter-affidavit. 6. The respondent disputes this contention, on the ground that, the petitioner was dragging the matter and had not filed counter-affidavit, despite various opportunities being given by the District Court. It is submitted that the order of the District Court, dated 05.01.2024, does not require any / reconsideration by this Court. 7. A perusal of the docket orders of the District Court, placed before this Court, makes it clear that adequate opportunity has been given to the petitioner for putting forth its objections, by way of counter-affidavit. 8. However, keeping in view the fact that, it is always better for a decision on merits rather than a default order, this Court deems it appropriate to dispose of this Civil Revision Petition with the following directions: (i). The order of the learned VII Additional District and Sessions Judge (FTC), Vijayawada, dated 05.01.2024 in A.R.B.E.P. No.0000665/22 is set aside. (ii). The petitioner shall file its counter-affidavit within one (01) week from today, failing which, the order of the learned VII Additional District and Sessions Judge (FTC), Vijayawada, shall revive. 4 RRR,J & MRK,J C.R.P.No.2091 of 2024 (iii). The learned VII Additional District and Sessions Judge (FTC), Vijayawada, shall consider the objections raised by the petitioner, in the counter-affidavit and pass orders thereon within a period of two (02) weeks, in relation to the attachment of the bank account of the petitioner. There shall be no order as to costs. As a sequel, interlocutory applications pending, if any shall stand closed. Sd/- U SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The VII Additional District Judge, Vijayawada. 2. One CC to Sri P. Nagendra Reddy, Advocate [OPUC] 3. One CC to Mrs. Avanija Inuganti, Advocate [OPUC] 4. Three CD Copies Chp sree z» HIGH COURT DATED:22/01/2025 ORDER CRP.No.2091 of 2024 0\i 12 FEB 2025 ^ . Current Section m O C!>. DISPOSING OF THE CIVIL REVISION PETITION WITHOUT COSTS