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RAVI NATH TILHARI, NYAPATHY VIJAY
P. Udaya Bhaskara Reddy – Appellant
Versus
Sreepada Real Estates and Developers Hyderabad – Respondent
JUDGMENT :
RAVI NATH TILHARI, J.
1. Heard Sri S. Rajan, learned counsel for the petitioner and Smt. S. A. V. Ratnam, learned counsel for the respondents 1 & 2.
2. This civil revision petition under Article 227 of the Constitution of India has been filed by the petitioner/1st defendant in COS No. 10 of 2018 on the file of the Special Judge for Trial and Disposal of Commercial Disputes, Visakhapatnam (in short ‘Special Judge’), challenging the Order dated 20.03.2024 in I.A. No. 356 of 2023 in I.A. No. 937 of 2018 in COS No. 10 of 2018.
3. Respondents No. 1 & 2 are the plaintiffs No. 1 & 2, and the respondents No. 3 to 5 are the defendants No. 2 to 4 respectively in the COS No. 10 of 2018.
I. Facts:
4. The above commercial suit was filed by the respondents 1 and 2 against the petitioner and the respondents 3 to 5 for specific performance of the Development Agreement dated 31.01.2023 or alternatively for recovery of an amount of Rs.1,71,36,372/- together with subsequent interest and also for other reliefs.
5. Respondents No. 1 & 2 also filed I.A. No. 937 of 2018 for injunction thereby restraining the petitioner and the respondents 3 to 5 from alienating the suit property and also for other re
The court ruled that a development agreement for agricultural land falls under Article 6 (C) of the Indian Stamp Act, requiring payment of deficit stamp duty for admissibility, and that the order is ....
The court ruled that an ex-parte order is interlocutory and barred from revision under the Commercial Courts Act, but the petitioner retains the right to participate in ongoing proceedings.
The agreement of sale for agricultural land is governed by Article 6-A of the Indian Stamp Act, rejecting the trial Court's determination under Article 6-B.
A petition under Article 227 of the Constitution of India is not maintainable if the conditions for appeal under the Arbitration and Conciliation Act, 1996 are not met, emphasizing the need to adhere....
A petition under Article 227 of the Constitution of India is maintainable against non-appealable orders of Commercial Courts despite restrictions in the Commercial Courts Act, preserving the High Cou....
Against an order dismissing an application for condonation of delay in filing the written statement, neither an appeal nor revision petition under Section 115 of the CPC lies.
Revisional applications - Scope of assumption of jurisdiction by Commercial Court - No question of bar to revisions against interlocutory orders passed by Commercial Courts Act arises in present case....
Writ under Article 226 is not maintainable against judicial orders in civil proceedings; supervisory jurisdiction under Article 227 remains available for such cases.
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