1 (RNT,J & MRK,J C.R.P.NO.2863 OF 2025 ) APHC010568452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3524] WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CIVIL REVISION PETITION NO: 2863/2025 Between: 1. PROJECT DIRECTOR,, NATIONAL HIGHWAYS AUTHORITY OF INDIA OFFICE AT PLOT NO.74, VANAMALI BUILDING, NEAR NAC KALYANA MANDAPAM, COMMERCIAL TAXES COLONY, VIJAYAWADA. ...PETITIONER AND 1. METTA SEETARAVAMMA, W/O. SIVA RAO, AGED ABOUT 50 YEARS, R/O BAHUBALENDRUNIGUDEM VILLAGE GANNAVARAM MANDAL, KRISHNA DISTRICT 2. THE COMPETENT AUTHORITY, (LAND ACQUISITION) REVENUE DIVISIONALOFFICER, NUZVID, KRISHNA DISTRICT. ...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 topleased to set aside the order of attachment passed in E.P. No. 654 of 2021 in AOP No.226/2018 dated 25/09/2025 by the learned VII Additional District Judge at Vijayawada in the interest of Justice, Equity and Good conscience. IA NO: 1 OF 2025 2 (RNT,J & MRK,J C.R.P.NO.2863 OF 2025 ) 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 pursuance of the order of attachment passed in E.P No 654 of 2021 in AOP 226 of 2018 dated 25/09/2025 by the learned VII Additional District Judge at Vijayawada, pending disposal of the present C.R.P and pass Counsel for the Petitioner: 1. S S VARMA AND CO. Counsel for the Respondent(S): 1. The Court made the following: 3 (RNT,J & MRK,J C.R.P.NO.2863 OF 2025 ) ORDER :- (per Hon’ble Sri Justice Ravi Nath Tilhari) This Civil Revision Petition has been filed under Section 115 of the Code of Civil Procedure, 1908, challenging the order dated 25.09.2025 passed in E.P.No.654 of 2021 in A.O.P. No. 226 of 2018 on the file of the VII Additional District Judge, Vijayawada. 2. Heard Sri Akhil Krishnan, learned counsel representing Sri S.S.Varma, learned Standing Counsel for the National Highways Authority of India (NHAI), appearing for the petitioner. 3. For the order proposed to be passed and as keeping the petition pending to issue notice to the respondent, would serve no useful purpose. Notice to the respondent is dispensed with, but his interest would be safeguarded. 4. An arbitral Award dated 29.06.2019 was passed by the Arbitrator & Joint Collector-II, Krishna District, in favour of the 1st respondent herein and against the revision petitioner, enhancing the compensation in respect of the acquisition of certain extent of land for widening of NH-16. 5. Aggrieved from the Award dated 29.06.2019, the petitioner filed A.O.P. No. 226 of 2018 on the file of the XI Additional District Judge, Gudivada, along with an application seeking stay of execution of the Award. 4 (RNT,J & MRK,J C.R.P.NO.2863 OF 2025 ) 6. Learned counsel for the petitioner submits that the stay application filed along with the petition under Section 34 of the Act, 1996 is still pending consideration. He submits that though the delay in filing the petition was condoned, the application for interim relief has not been disposed of till date. He further submits that, in the meantime, the 1st respondent filed E.P.No. 654 of 2021 for execution of the Award, and in the said E.P., the impugned order dated 25.09.2025 has been passed. He submits that the Executing Court has taken the view that unless stay is granted, the execution proceedings can be continued. 7. The grievance raised is that, on the one hand the application seeking stay of the Award is pending consideration since 2021, which remains undisposed of, and on the other hand, the Award is being put to execution. 8. Considering the submissions of the learned counsel for the petitioner, we are of the considered view that, in terms of Section 36(2) of the Arbitration and Conciliation Act, 1996, an Award becomes executable unless stayed by an order of the Court. However, once an application seeking grant of stay of the Award is filed, the same is required to be considered and disposed of expeditiously, so as to balance the rights of both parties and to avoid rendering the proceedings under Section 34 of the Act, 1996 infructuous. 5 (RNT,J & MRK,J C.R.P.NO.2863 OF 2025 ) 9. Accordingly, this Civil Revision Petition is disposed of, with a direction to the XI Additional District Judge, Gudivada, to consider the application seeking stay of the Award dated 29.06.2019, and pass appropriate orders in accordance with law, after giving due opportunity of hearing to the 1st respondent herein, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of a copy of this order. 10. Till disposal of the stay application, the further execution proceedings pursuant to the impugned Award and the impugned order dated 25.09.2025 shall remain stayed, subject to the condition that the petitioner deposits 1/3rd of the amount under execution, before the Executing Court within a period of two (02) weeks from today. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ____________________ RAVI NATH TILHARI, J ______________________________ MAHESWARA RAO KUNCHEAM, J Date : 05.11.2025. RPD. 6 (RNT,J & MRK,J C.R.P.NO.2863 OF 2025 ) THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM (DISPOSED OF ) CIVIL REVISION PETITION NO: 2863/2025 Date: 05.11.2025 RPD.