A MADHUSUDHAN REDDY Vs. NATIONAL RESEARCH CENTRE

JUDGEMENT

(1.) The judgment debtor, Mr. A. Madhusudhan Reddy, has challenged the legality of the order dated 19-11-2018, passed by the Motor Accidents Claims Tribunal -cum- XXV Additional Chief Judge, City Civil Court, Hyderabad, whereby the learned Judge has allowed the Execution Petition, namely EP.No.69 of 2018, filed by the respondent, decree holder, under Order XXI Rules 54, 64 and 66 of the Civil Procedure Code, 1908 (CPC), and has directed the attachment of the property belonging to the petitioner, the judgment debtor.

(2.) Briefly, the facts of the case are that, the decree holder, the National Research Center on Meat, had granted a work order to the judgment debtor for construction of a slaughter house in Mahaboobnagar, Andhra Pradesh (now Telangana). However, despite the repeated requests of the decree holder, the judgment debtor did not construct the slaughter house. Therefore, relying on the arbitration clause in the work order, the decree holder filed a claim for Rs.29,49,300/- before the Arbitrator. By award dated 28-05-2014, the Arbitrator awarded the said sum in favour of the decree holder along with interest @ 12 % p.a., for the prereference period from 03-10-2011 till the date of reference i.e., till 26-09-2012.

(3.) Since the judgment debtor was aggrieved by the award dated 25-08-2014, it filed an appeal under Section 34 of the Arbitration and Conciliation Act, 1996 (for short 'the Act'). Notwithstanding the pendency of the said appeal, on 11-11-2014, the decree holder filed the Execution Proceedings. Subsequently, during the Execution Proceedings, the impugned order was passed. Hence, this revision petition before this Court.