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2011 Supreme(AP) 292

GODA RAGHURAM, G.KRISHNA MOHAN REDDY
Bilasraika Sponge Iron Pvt. , Ltd. , Rep. , by its Director Balraj Agarwal – Appellant
Versus
Devi Trading Company, rep. , by its Special Power of Attorney, Holder K. H. Monappa – Respondent


Advocates Appeared:
For the Appellant:E. Manohar, Senior Counsel, P. Kamlakar, Advocate.
For the Respondent:B.V. Subbaiah, Senior Counsel, G. Rama Gopal, Advocate.

Judgment :

(Per GR,J)

1. The respondent in this appeal filed an Arbitration Original Petition (O.P.) under Section 9 of the Arbitration and Conciliation Act, 1996 (for short ‘the 1996 Act’) for a direction to the appellant herein to furnish security for US $ 797951.42 equivalent to Rs.3,63,06,789-81 Ps., (at the rate of Rs.45-50 ps., per US $). Along therewith it filed an application under Section 9 of the 1996 Act read with Order XXXVIII Rule 5 and Section 151 of the Code of Civil Procedure, 1908 (for short ‘the CPC’) for a direction to the appellant herein to furnish security for the aforesaid amount within three days and for a simultaneous order of conditional attachment of the petition schedule properties, pending disposal of the O.P.

2. As the concerned Court, of the learned Chief Judge, City Civil Court, Hyderabad was in vacation, the respondent moved this Court under Section 33 of the Andhra Pradesh Civil Courts Act, 1972 (for short ‘the 1972 Act’) read with Section 151 CPC by way of Receive and Transmit applications to receive the O.P. and the interlocutory application filed therewith and transmit the same to the concerned Court. These were numbered as R & T. Petition No. 8





































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