w w w . L a w y e r S e r v i c e s . i n



Chinthakunta Rajesekhar Rao, Proprieto of Leela Borewells Screens Manufacturing Industries, Madanapalle v/s Venkata Sai & Co., Rep. by its Managing Partner Ganachari Hari & Another


Company & Directors' Information:- R K MANUFACTURING CO LTD [Active] CIN = L27209WB1984PLC037758

Company & Directors' Information:- R K MANUFACTURING CO LTD [Active] CIN = L27209GJ1984PLC098951

Company & Directors' Information:- SAI INDUSTRIES LIMITED [Active] CIN = L74999DL1991PLC045678

Company & Directors' Information:- INDIA MANUFACTURING CORPORATION PRIVATE LIMITED [Active] CIN = U24100DL2010PTC198947

Company & Directors' Information:- S I A MANUFACTURING PRIVATE LIMITED [Active] CIN = U74120UP2013PTC057004

Company & Directors' Information:- S K M MANUFACTURING PRIVATE LIMITED [Active] CIN = U17200DL2011PTC223768

Company & Directors' Information:- S T S MANUFACTURING PRIVATE LIMITED [Active] CIN = U28112TZ2006PTC012940

Company & Directors' Information:- SAI INDUSTRIES PRIVATE LIMITED [Active] CIN = U25202WB2003PTC095997

Company & Directors' Information:- LEELA INDUSTRIES LIMITED [Strike Off] CIN = U00000CH1998PLC021732

Company & Directors' Information:- A S P MANUFACTURING COMPANY PVT LTD [Active] CIN = U27109WB1991PTC051461

Company & Directors' Information:- A K MANUFACTURING PVT LTD [Active] CIN = U51909MN1988PTC003110

Company & Directors' Information:- I T A C (INDIA) MANUFACTURING CO LTD [Dissolved] CIN = L51109WB1982PLC034689

Company & Directors' Information:- J D MANUFACTURING CO PVT LTD [Active] CIN = U51909WB1996PTC079825

Company & Directors' Information:- A S P MANUFACTURING COMPANY PVT LTD [Not available for efiling] CIN = U36900WB1991PTC005146

Company & Directors' Information:- B R D MANUFACTURING PRIVATE LIMITED [Active] CIN = U51109WB1997PTC085188

Company & Directors' Information:- R J S MANUFACTURING PRIVATE LIMITED [Active] CIN = U27104DL1997PTC090521

Company & Directors' Information:- B U MANUFACTURING PVT LTD [Active] CIN = U51109WB1982PTC035271

Company & Directors' Information:- M M MANUFACTURING PVT LTD [Active] CIN = U26922WB1993PTC059837

Company & Directors' Information:- J. C. MANUFACTURING INDIA PRIVATE LIMITED [Active] CIN = U21099WB2020PTC236821

Company & Directors' Information:- S B MANUFACTURING PRIVATE LIMITED [Strike Off] CIN = U31506WB1999PTC088567

Company & Directors' Information:- K. V. J. MANUFACTURING INDIA PRIVATE LIMITED [Active] CIN = U29308DL2017PTC320213

Company & Directors' Information:- A T E MANUFACTURING CO PRIVATE LIMITED [Amalgamated] CIN = U28999GJ1973PTC002296

Company & Directors' Information:- J P MANUFACTURING AND CO PVT LTD [Strike Off] CIN = U51226WB1982PTC034927

Company & Directors' Information:- D. K. MANUFACTURING (INDIA) LIMITED [Strike Off] CIN = U37200WB2011PLC170403

Company & Directors' Information:- S M MANUFACTURING COMPANY PRIVATE LIMITED [Active] CIN = U34300HR1997PTC057824

Company & Directors' Information:- G K MANUFACTURING PRIVATE LIMITED [Strike Off] CIN = U34300PB2012PTC036073

Company & Directors' Information:- P & B MANUFACTURING PRIVATE LIMITED [Active] CIN = U29254TN2010PTC076696

Company & Directors' Information:- B. V. H. MANUFACTURING INDIA PRIVATE LIMITED [Active] CIN = U74999GJ2018FTC100633

Company & Directors' Information:- R J BOREWELLS LIMITED [Strike Off] CIN = U74999MH1968PLC014009

Company & Directors' Information:- R A MANUFACTURING COMPANY PRIVATE LIMITED [Strike Off] CIN = U36900HR2012PTC047669

Company & Directors' Information:- A K R MANUFACTURING PRIVATE LIMITED [Active] CIN = U19200RJ2012PTC041177

Company & Directors' Information:- C N C MANUFACTURING PRIVATE LIMITED [Strike Off] CIN = U64204DL2015PTC281449

    C.R.P. Nos. 2280 & 2281 of 2017

    Decided On, 21 June 2017

    At, In the High Court of Judicature at Hyderabad

    By, THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN & THE HONOURABLE MR. JUSTICE N. BALAYOGI

    For the Petitioner: A.P. Reddy, Advocate. For the Respondents: M.V. Suryanarayana, Advocate.



Judgment Text

Common Order:

V. Ramasubramanian, J.

1. These civil revision petitions arise out of a common order passed by the Principal District Judge, Chittoor in two interlocutory applications, one for reopening of evidence and another for recalling of PW.1 for cross-examination, in an Arbitration O.P.

2. Heard Mr. A.P. Reddy, learned counsel for the petitioner and Mr. V. Suryanarayana, learned counsel appearing for the respondents.

3. This is an unfortunate case where a fundamental aspect has been omitted to be taken note of at all levels. It appears that the respondents herein filed an Original Petition in A.R.O.P.No.113 of 2016 directly on the file of the Principal District Judge, Chittoor, for appointment of Arbitrator to adjudicate a dispute that arose under a MOU dated 11.02.2003. The Original Petition was actually filed in the year 2013 before the II Additional District Court, Madanapalle and later transferred to the Principal District Court, Chittoor and renumbered.

4. Without realizing the fact that the Principal District Judge does not have jurisdiction to appoint Arbitrators under the Arbitration and Conciliation Act, 1996 except in cases where a suit is filed before him and the defendant files an application under Section 8, the District Court proceeded to hear the Arbitration O.P. and examined the witnesses.

5. When the trial was nearing completion, two applications were taken out by the petitioner before the trial Court seeking reopening of evidence and for recalling PW.1 for cross-examination. Both this applications were dismissed by the District Court forcing the petitioner to come up with the above revision petitions.

6. It is needless to point out that the power to appoint an Arbitrator vests under Section 11 (6) of the 1996 Act upon the Chief Justice or his delegate. A VRS,J & NBY,J. A.S.No.3407 of 2003 Civil Court will have a limited jurisdiction under Section 8 of the Act, to refer the parties to arbitration, if a suit had been filed overlooking the arbitration clause. The filing of a petition directly before the District Court under Section 8 is not a proper procedure. Therefore, the Original Petition itself is liable to be struck off from the Register. When that is so, the civil revision petitions arising out the interlocutory orders cannot be maintained.

7. Therefore, both these civil revision petitions are allowed and the Arbitration O.P. on

Please Login To View The Full Judgment!

the file of the Principal District Judge, Chittoor is struck off. The parties are at liberty to work out their remedies in a manner known to law. As a sequel, miscellaneous petitions pending in this appeal, if any, shall stand closed. There shall be no order as to costs.
O R