Back
NYAPATHY VIJAY
Shriram Transport Finance Co. Ltd. – Appellant
Versus
Mallipeddi Sudha Rani, W/o Chandra Sekhar – Respondent
ORDER :
Nyapathy Vijay, J.
1. The present Civil Revision Petition is filed against the interlocutory order dated 05.06.2013 in I.A.No.2468 of 2012 in O.S.No.62 of 2012 passed by the Principal Junior Civil Judge, Ongole, Prakasam District.
2. The petitioner is the defendant. The application is filed under Order IX, Rule 7 CPC to set aside the ex parte order dated 26.07.2012 in setting the petitioner ex parte for not appearing before the Court on the specified date. The said application was opposed by the plaintiff/respondent. The trial Court after considering the rival submissions dismissed the I.A by a reasoned order. Questioning the same, the present Civil Revision Petition is filed.
3. Heard Sri Maheswara Rao Kunchem, learned counsel for the petitioner and Sri K. Ramamohan, learned counsel for the respondent.
4. The learned counsel for the petitioner pointed out that the trial Court on 15.06.2012 pursuant to the application filed by the petitioner i.e. I.A.No.798 of 2012 referred the suit for arbitration under Section 8 of the Arbitration and Conciliation Act, 1996 in view of Clause 15 of the Land Hypothecation Agreement executed between the contesting parties. It is pointed out that
A suit becomes infructuous upon referral to arbitration, necessitating dismissal to prevent abuse of process.
A suit referred to arbitration becomes infructuous, and its continuation constitutes an abuse of process, warranting termination.
An appeal can be converted into a Civil Revision Petition when it contests the maintainability of an order under the Arbitration Act and CPC provisions.
The main legal point established in the judgment is the mandatory requirement for the civil court to refer the parties to arbitration upon satisfaction of the prerequisites under Section 8 of the Arb....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
