KOTHA @ PULIPALUPULA DHANANJAYA Vs. KOTHA @ PULIPALUPULA LOKESH

JUDGEMENT

(1.) This Civil Revision Petition arises out of order, dated 29.4.2017, in E.A.No.801 of 2017 in E.P.No.56 of 2011 in Arbitration O.P.No.1 of 2009 on the file of the Principal District Judge, Ranga Reddy District at L.B. Nagar, Hyderabad.

(2.) We have heard Mr. Prabhakar Sripada, learned counsel for the petitioner, Mr. V.Hari Haran, learned counsel for respondent No.1 and Mr. M.S.Prasad, learned senior counsel appearing for respondent No.2.

(3.) The petitioner and respondent No.2 have suffered a final arbitral award on 27.8.2010 in Arbitration O.P.No.1 of 2009. Seeking execution of the said award, respondent No.1 filed E.P.No.56 of 2011 in the Court of the Principal District Judge, Ranga Reddy District at L.B. Nagar, Hyderabad. The petitioner filed E.A.No.801 of 2017 praying for dismissal of the said E.P. as not maintainable as, the arbitral award was not made the Rule of the Court under Section-17 of the Arbitration Act, 1940 (for short 'the 1940 Act'). The Principal District Judge, Ranga Reddy District at L.B. Nagar, Hyderabad, dismissed the said application in limine without even inviting a counter from respondent No.1. Feeling aggrieved by the said order, the applicant in E.A.No.801 of 2017 filed this Civil Revision Petition. In the affidavit filed in support of the said E.A., the applicant inter alia averred as under: