A A, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA\^^J WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE .v\ tJ PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 173 OF 2023 Petition under Article 227 of the Constitution of India the Docket Order in E.P.No.125 of 2022 in A.R.C No.126 of 2019, Dt.05.09.2022 on the file of VII Additional District Judge at Gudur, SPSR Nellore District. aggrieved by Between: 1. Hariprasad Reddy Penubolu Penchala, S/o. Late Bujji Reddy, Aged about 45 years, Occ. Business R/ Colony, Gudur, Nellore District- 524101. 2. M. Sowjanya @ P. Sowjanya, D/o. M. Krishna Reddy, W/o. Hariprasad Reddy, Aged about 32 years, Occ. House Wife, R/o. Janardhan Reddy Colony Gudur, Nellore District- 524101. 3. SK. Mohammed Rafi, S/o. Bikku Saheb, Aged about 46 Govt. Employee, R/o. D.No. 10-35, 9*^ District-524132. i 0. D.No.3-169-72, Janardhan Reddy D.No.3-169-72, years, Occ. Battalion Vallivedu, Nellore ...Petitioners/Respondents/JDR’S AND 4» M/s. Shriram City Union Finace Ltd, Nellore, Represented by its GPA Holder- A.Ramana Reddy, S/o. Late Lakshmi Reddy, Aged About Yrs, Occ. Sr. Divisional Managar Padmavathi Plaza, A.k Nagar, Nellore-524004 / / 55 0/0. D.No.26-2-7, 2nd Floor ...Respondent/Petitioner/DHR lA NO: 1 OF 2023 Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to grant Stay of all further proceedings in E.P. No. 125 of 2022 i A.R.C No.126 of 2019 on the file of VII Additional District SPSR Nellore District. may be in Judge at Gudur, Counsel for the Petitioner: SRI. PHANI TEJA CHERUVU Counsel for the Respondents: SRI. O. UDAYA KUMAR The Court made the following: APHC010038142023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0!¥i0 [3529] WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 173/2023 Between: Hariprasad Reddy Penubolu Penchala and Others ...PETITIONER(S) AND M/s Shriram City Union Finace Ltd Counsel for the Petitioner(S); ...RESPONDENT 1.PHANI TEJACHERUVU Counsel for the Respondent: 1.0 UDAYA KUMAR The Court made the following Order:(perHon’ble Sri Justice R. Raghunandan Rao) The respondent herein had obtained an award against the petitioners herein by way of A.R.C.No.126 of 2019, passed by the sole arbitrator. The said award, dated 29.12.2020, had required the petitioners herein to pay a sum of Rs.22,03,056/- with interest. The respondent, for recovery of the said amount, filed E.P.No.125 of 2022, before the Learned VII Additional District Judge, Gudur, for recovery of Rs.25,95,277/- along with subsequent interest. RRR, J & TCDS, C.R.P.No.173 of 2023 V 2. The Executing Court, by issued Rule 54 attachment and an order, dated 05.09.2022, had also notice to the 1"‘ petitioner herein. 3- Aggreived by the same, the petitioners herein Civil Revision Petition territorial jurisdiction in the award had already been challenged by Section 34 of the Arbitration and XXIV Additional Chief Judge. City Civil Court. The learned counsel for the the Execution Petition is not maintainable on yet another counsel would contend that the Execution Petition Commercial Court having territorial jurisdiction Principal District Judge. moved the present not have was passed in Hyderabad and wayofA.O.P.No.51 of 2021, under Conciliation Act, 1996, before the Learned Hyderabad. contending that the Executing Court does as much as the award 4. petitioners has now contended that ground. The learned can only be filed before the and cannot be filed before the 5. Sri O. Uday Kumar, learned counsel for the respondents would contend that the said issue cannot be raised in as much as the said issue never raised as a ground in the Civil Revision Petition Petition till date. was nor in the Execution 6. Though the said issue does not appear to have been before the Executing Court or before this Court raised in the grounds of revision, the 3 RRR, J & TCDS, J C.R.P.No.l73of2023 fact remains that the issue, now raised by the learned counsel for the petitioner, is an issue of law and the same can always be raised. In a similar situation, a Division Bench of this Court, by Judgment 7. dated 04.07.2024, in C.R.P.No.740 of 2024, had considered the provisions of the Commercial Courts Act, 2015 and had held that execution of an arbitral award above the sum of Rs.3,00,000/- would have to be done only by the Commercial Court, having territorial jurisdiction, and not the regular Civil Courts. The learned counsel for the respondent would also contend that 8. this Judgment has been doubted by another Judgment of a Division Bench of this Court and the same has now been referred to a Full-Bench. 9. As the Judgment in C.R.P.No.740 of 2024 has not been stayed or suspended, the ratio laid down in the Judgment would continue to hold until the same is modified or reversed by the Full-Bench. 10. In the circumstances, this Civil Revision Petition is allowed holding that the Court of the Learned VII Additional District Jude, Gudur, would not have jurisdiction to proceed with E.P.No.125 of 2022. Flowever, liberty is given to the petitioners to approach the appropriate Commercial Court of territorial jurisdiction for execution of the award. There shall be no order as to costs. 4 RRR, J & TCDS, C.R.P.No.173 of2023 As a sequel, pending miscellaneous applications, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI assistant registrar //TRUE COPY// SEi N OFFICER SPSR Nellore District. To, 1- The VII Additional District Judge At Gudur (with records if any) 2. One CC to Sri. Phani Teja Cheruvu, Advocate [OPUC] 3. One CC to SRI. o Udaya Kumar, Advocate [OPUC] 4. The Section Officer, V.R. Section, High Court of Andhra 5. Three CD Copies Pradesh. PR sree ✓ high court DATED; 12/03/2025 % ORDER CRP.No.173 of 2023 X 03 APR 2025 ° a eo, ^ . Current Section ALLOWING THE C.R.P WITHOUT COSTS