APHC010150082023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION NO: 845/2023 Between: 1. TOSHALI CEMENTS PVT.LTD, REP BY ITS FINANCIAL CONTROLLER, SRI DHANANJAYA TELMALKAR. S/O SHAM RAO TELMALKAR, HINDU, AGED 64 YEARS. OFFICE SITUATED AT 29-2-21 AND 21A, GAJAPATHI EDIFICE, 3 FLOOR, NEAR JAGADAMBA JUNCTION, OPPOSITE DISTRICT JUDGE COURT, VISAKHAPATNAM-20. ...PETITIONER AND 1. M/S GAMMON INDIA LIMITED, REP BY ITS CHAIRMAN AND MANAGING DIRECTOR, GAMMON HOUSE, VEER SAVARKAR MARG, PRABHADEVI, MUMBAI-400025. 2. M/S GAMMON INDIA LIMITED, REP BY ITS EXECUTIVE DIRECTOR, GAMMON HOUSE, VEER SAVARKAR MARG. PRABHADEVI. MUMBAI- 400025 3 3. M/S GAMMON INDIA LIMITED, REP BY ITS DEPUTY MANAGING DIRECTOR. GAMMON HOUSE. VEER SAVARKAR MARG, PRABHADEVI, MUMBAI-400025. 2 VS,J C.R.P.NO.845 OF 2023 4. M/S GAMMON INDIA LIMITED, REP BY ITS GENERAL MANAGER, (PROCUREMENT), GAMMON HOUSE, VEER SAVARKAR MARG, PRABHADEVI, MUMBAI-400025. 5. M/S GAMMON ENGINEERS AND CONTRACTORS PRIVATE LIMITED, REP BY ITS CHAIRMAN AND MANAGING DIRECTOR, GAMMON HOUSE, VEER SAVARKAR MARG, PRABHADEVI, MUMBAI-400025. ...RESPONDENT(S): Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased tobeg to present this Memorandum of Civil Revision Petition aggrieved by the orders dt. 20.02.2023 made in I.A.No. 27 of 2023 in O.S.No. 76 of 2016 In the Court of the Principal Senior Civil Judge, at Gajuwaka for the following among other IA NO: 1 OF 2023 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 pleased to grant stay of all further proceedings in 0.S.No. 76 of 2016 in the Court of the Principal Senior Civil Judge, Gajuwaka, pending disposal of the CRP in the interest of justice. IA NO: 2 OF 2023 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 Pleased to extend the interim order dated 27-03-2023 granted in IA No. 01 of 2023 in CRP No. 845 of 2023 and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the 3 VS,J C.R.P.NO.845 OF 2023 petition, the High Court may be pleased pleased to extend the interim order dated 27.03.2023 granted in I.A.No. 01 of 2023 in CRP.No. 845 of 2023, pending disposal of the CRP and pass Counsel for the Petitioner: 1. SRINIVASA RAO BODDULURI Counsel for the Respondent(S): 1. A K KISHORE REDDY The Court made the following: 4 VS,J C.R.P.NO.845 OF 2023 ORDER The present C.R.P. is filed challenging the order dated 20.02.2023 in I.A. No.27 of 2023 in O.S. No.76 of 2016 on the file of the learned Principal Senior Civil Judge, Gajuwaka. 2. The revision petitioner herein is the plaintiff and respondents herein are the defendants in O.S.No.76 of 2016. For the sake of convenience, the parties will be referred to as they are arrayed in the suit. 3. The case of the petitioner/plaintiff is that he filed I.A.No.27 of 2023 under Order I Rule 10 CPC seeking permission of the Court to add the proposed party by name “Gammon Engineers and Contractors Private Limited” as the 5th defendant in suit. The said application was dismissed on the ground that initially the petitioner/plaintiff had approached the Court under Order VI Rule 17 C.P.C seeking to amend the name of the 1st defendant by changing its name from Gammon India Limited to Gammon Engineers and Contractors Private Limited and the same was dismissed. 4. Learned counsel for the respondents took a serious objection in the present C.R.P on the sole ground that the 5 VS,J C.R.P.NO.845 OF 2023 petitioner, instead of proceeding with the trial, is constantly filing I.As and dragging the proceedings. On such submissions, learned counsel for the petitioner sought time for filing an undertaking before this Court that they will not take any further adjournments before the trial Court in pursuance of which, the learned counsel for the petitioner filed a memo on 26.11.2025 vide USR No.137906 of 2025 with an undertaking that the petitioner/plaintiff would pursue the Suit in the Court below without taking any further adjournments and shall not file any I.A. so as to prolong the Suit. 5. In view of the undertaking given by the petitioner/plaintiff, without going into the merits of the case, the C.R.P. is allowed by setting aside the order dated 20.02.2023, with a direction to the learned Principal Senior Civil Judge, Gajuwaka, to dispose of O.S.NO.76 of 2016 as expeditiously as possible since the suit pertains to the year 2016. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ___________________ JUSTICE V.SUJATHA Date:28.11.2025 LSP