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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MOUSHUMI BHATTACHARYA, B.R.MADHUSUDHAN RAO
NCC Limited Formerly Nagarjuna Constructions Co. Ltd. – Appellant
Versus
National Institute of Technology NIT – Respondent
ORDER :
Moushumi Bhattacharya, J.
1. The three Civil Revision Petitions arise out of a common order dated 05.08.2024 passed by the Special Judge for Trial and Disposal of Commercial Disputes, Rangareddy District at L.B. Nagar, in three Execution Applications - E.A.No.7 of 2024 in C.E.P.No.16 of 2023, E.A.No.8 of 2024 in C.E.P.No.17 of 2023 and E.A.No.9 of 2024 in C.E.P.No.18 of 2023 respectively.
2. The petitioner is the plaintiff/decree-holder and the respondent is the defendant/judgment-debtor.
3. The three E.As were filed by the petitioner under Rule 232 of the Civil Rules of Practice for withdrawing an amount of Rs.21,91,53,174/- deposited by the respondent/Judgment Debtor subject to the petitioner furnishing acceptable security in the Trial Court.
4. The brief facts leading to the filing of the present CRPs are as follows:
5. The petitioner filed three Commercial Original Suits – COS Nos.25, 26 and 27 of 2021 - against the respondent for payment for work done by the petitioner. The Suits were decreed by the Commercial Court in favour of the petitioner on 01.06.2023. The Commercial Court directed the respondent to pay Rs.3,58,61,671/-, Rs.1,18,51,315/- and Rs.13,60,97,344/- along wit
The High Court clarified that Civil Revision Petitions against interim orders of a Commercial Court are maintainable under Article 227, despite Section 8 of the Commercial Courts Act, 2015, and direc....
The court affirmed that review applications are maintainable when new evidence shows the specified value exceeds jurisdictional thresholds, confirming the Special Court's authority over commercial di....
The petitioners can be permitted to withdraw the suit to file a fresh suit, and they are liable to satisfy the law of limitation while filing the fresh suit.
A Civil Revision Petition is maintainable against a final order of the Commercial Appellate Authority under Section 115 of CPC, despite the bars on appeals and revisions in the Commercial Courts Act.
The court emphasized the limited grounds on which a decree is unexecutable and highlighted that the right of the Decree Holder to obtain relief is determined in accordance with the terms of the decre....
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