K. RAJENDRA PRASAD Vs. SAKTHI FINANCE LTD.

JUDGEMENT

(1.) I have heard learned Counsel for the petitioner Mr.D.S.N.V.Prasad Babu as well as learned Counsel for the 1st respondent Mr.Maheswara Rao Kuncheam.

(2.) This Transfer Civil Miscellaneous Petition is filed by the petitioners under Sec. 24 of the Code of Civil Procedure (in short "CPC"), seeking transfer of AOP. No.199 of 2018 on the file of V Additional District Judge's Court, Vijayawada to XIII Additional District Judge's Court, Vijayawada.

(3.) The case of the petitioners in brief is that the 1st respondent filed two cases, vide Arbitration Case Nos.178 of 2016 and 179 of 2016 before the 2nd respondent herein at Coimbatore for realization of alleged due amounts from the 1st petitioner, wherein the 2nd respondent passed Awards in two Arbitration cases, and then the petitioners have challenged those Arbitration Awards by filing two cases before the Principal District Court, Krishna at Machilipatnam, and then AOP No.199 of 2018 is made over to V Additional District Judge's Court, Vijayawada and Arbitration Case No.285 of 2018 is made over to XIII Additional District Judge's Court, Vijayawada. The 1st petitioner submits that in AOP No.199 of 2018, he filed Interlocutory Application under Order 41, Rule 27 of CPC for receiving additional document, and said application was allowed by the V Additional District Judge, Vijayawada, vide Orders dtd. 15/9/2022, but without looking into those documents, the learned V Additional District Judge, Vijayawada dismissed AOP No.199 of 2018. Then the petitioners preferred CMA No.149 of 2023 challenging the Dismissal Order in AOP No.199 of 2018. Then the Hon'ble Division Bench of this Court allowed the Civil Miscellaneous Appeal filed by the petitioners, remanded the matter to the Lower Court directing the V Additional District Judge, Vijayawada to hear the matter afresh and dispose of the matter on merits. It is also the contention of the 1st petitioner that in the meanwhile the 1st respondent filed Execution Petition in EP.No.151 of 2019 in Arbitration Case No.178 of 2016 before V Additional District Judge's Court, Vijayawada against himself and the 2nd petitioner for attachment of EP schedule property and its sale, wherein the petitioners have received notice in the month of July, 2022 and filed detailed counter, and the said matter was posted to 30/8/2023 for hearing. The 1st petitioner also submits that later he got knowledge through online the date was changed as 6/11/2023 reserved for Orders without his knowledge and without hearing the matter. Then the 1st petitioner verified the Docket Order in the Office of V Additional District Judge's Court, Vijayawada and found that the date 30/8/2023 was strike off and posted the same on 6/11/2023 reserved for Orders. Then the 1st petitioner filed an application for certified copy of Docket Order, which was returned by the Court with an endorsement that "Docket Order cannot be put-up". It is the contention of the 1st petitioner that the 1st respondent suppressed the material facts before the Arbitrator and committed material irregularities and got exparte Awards and the learned V Additional District Judge, Vijayawada also without considering and discussing crucial and vital evidence, passed cursory Order, and he has good case to succeed. The 1st petitioner also stated that the Presiding Officer of V Additional District Court, Vijayawada not acted in judicial manner and the way in which the proceedings conducted in the case are very much apprehensive to the petitioners and they are apprehending that they may not get justice before the said Court and filed petition to transfer AOP No.199 of 2018 from V Additional District Judge's Court, Vijayawada to XIII Additional District Judge's Court, Vijayawada, where AOP No.285 of 2018 filed by them is pending, wherein their contention is similar. He prays to allow the petition.