Telangana High Court
M/s. Radhika Projects Private Limited v. M/s. J.B. Homes Builders and Developers
CRP/2182/2026
- Decision date
- 2026-07-23
- Text availability
- Full text
- Judges
- Moushumi Bhattacharya, Gadi Praveen Kumar
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
[ 3'191 I IN THE HIGH COURT FORTHE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HONOURABLE SRI JUSTICE GADI PRAVEEN KUMAR 2182 OF 2026 crvtL REvlsloN PETITION No: Petition under Atticle 227 of constitution of lndia aggrieved by the order dated 17.O7.2026 passed in l.A. No.470 of 2026inCOP No 5T of 2026 on thefileof the CourtofthePrincipalspecialCourtintheCadreofDistrictJudgeforTrialand Disposal of Commercial Disputes at Hyderabad Between: M/s.RadhikaProjectsPrivateLimited',Sy'No.70'KompallyVillage, - 500060' Rep by drlnuuiLprr Mandil, Medchal Malkaigiri District, Telangana its Director, Sri Sunil Damodar, S/o Sri Govind Raj' ...Petitioner/Petitioner - Award Debtor AND 1.M/s.J.B.HomesBuildersandDevelopers,Aregistered-PartnershiP'Firm Oirring Registration No. 1886/2006, Office at 1-2-41216' Flat No V-B' Lake ViewMansion,Domalguda,Hyderabad-5OOO29'Telangana'Repbyits Managing Partner, Sri S. Santhok Singh' Award Holder Respondent No. 1/Respondent No. I - 2. Sri Justice A. Rajasekhar Reddy (Retd ), Former Judge' High Court-for the - st"t" ot r"t"ngana, sole Aroitratoiin Arbitration case No. 6 ot 2023, Plot No. - 500034' 22'A, MLA Colony, Road No 12, Baniara Hills' Hyderabad Telangana. (Respondent No 2 is a formal party) ...Respondent No. 2/Respondent No' 2 LA. NO: 2OF 2026
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may brr pleased to suspend the operation and effect of the Order daled 17 .07 .2026 passed in l.A. No. 470 of 2026 in C.O.P. No. 57 of 2026 by the Principal Special Court i,r the Cadre of Diskict Judge for Trial and Disposal of Commercial Disputes at Hyderacad. Counsel for the Petitioner : Sri Kailash Nath P.S.S, Counsel representing Sri K Suyodh Reddy Counsel for the Respondents: The Court made the following: ORDER HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON'BLE JUSTICE GADI PRAVEEN KUMAR CTVIL REVISION PETITION No.2182 oF 20.26 DATE:23.O7. 2o26 Between: M / s. Radhika projects private Limited Petitioner And M/s. J.B. Homes Builders and Developers and another Respondents Mr. Kailash Nath p.S.S, learned counsel representing Mr. K. Suyoudh Reddy, learned counsel appearing for the petitioncr. ORDER: (Per Iion,ble Justice Moushumi Uhattacharya) 1. The present Civil Rcvision pctition has been filed against an order dated 17 .O7 .2026 passed by the learned Commercial Court at Hyderabad, closing I.A.No.470 of 2026 in C.O.p.No.57 of 2026 fi.led by the petitioner hercin for compliance with an order da[ed 07 .O7 .2026 passed by rhe Commercial Court.
2. The petitioner, who is the Award Debtor in respect of an Aq,ard dated 20 03.2025, filcd C.O.p. No.57 of 2026 seeking to set aside the Award d,ated 2O.O3.2O25 passed by the learned Arbitral Tribunal. 'I'he petitioner also filed LA.No.170 of 2026 under section 36(3) ol Thc Arbitration and Conr iliation Act, 1996 ('thc 1996 Act') seeking stay of impleme ltation and execution of thc: Arbrtral Arv:rrd datcd 20.03.2025. 3y the order dated 07.O7.2026, the Commercial Court granted stay of the enforcement of the Award dated 20.03.2025 suLlect to the condition that the petitroner deposits a sum of Rs.1 C2,50,000i within 1O davs from rhe date of the said orCer. 3. On 17.O7.2026 i,e., the date on w,hich the tim, granted for dcposit.ing the amount cxpired. the peritione - filed an 'l'hcapplication r-tndcr sectron 148 ol Cocle ol Civi procedurc, 1908, seeking enl:rrqement ol time. By the impr gned order dated 17.O7.2026, the Commercial Courr recordr d that the Comm<:rcial Court w.arted till 16:30 hours, trut tl-: petitioner failed to comply u.ith rhe order dated 07.O7.2)26. .I.he Commercial Court :rccordingJy closed the petition (1. A,.No.470 of 2026). 4. Learned coLlnscl appearing lor the pctiLroncr s tbmits l]rzrt the Commercial Cour-, failed to take into account the application filed by the petitioner seeking enlargement of time and proceeded to close LA.No.470 of 2026. J
5. We have considered the submissions made by counsel appearing lor the petitioner and are of the firm view that the petitioner, being the Award Debtor in respect of the Award daled 2O.O3.2O25, ought to be called upon to secure the Award and comply with the condition imposed by the Commercial Court in the order dated 07 .O7 .2026 allowing 1.A.No.470 of 2026 ltled under section 36(3) of the 1996 Act. The petitioner has failed to do so till date. It is pertinent to no[e thar the petitioner filed the application seeking cnlargement of time only on the last date flxed lor compliance i.e., 17.O7.2026. 6. In view of thc abovc, the impugned order dated 17.O7.2026 is set aside. The petitioner is directed to deposit the sum of Rs. 1,O2,5O,OO0/ - before the Commercial Court on or before 27 .O7 .2026. W e make il clear that in the event the petitioner/ Award Debtor defaulls in complying with this direction, the respondent No. 1/Award Holder shall be at liberty to file an appropriate application seeking suitable directions. The Court shall also bc at liberty o[ closing the application for stay of the Award. + connected7. C.R.P.No.2182 ol 2026, along r'"'ilh all above.applications, is accordinglv disposed of in terms o{ the There shall bc no ordcr as Io costs. SD/. M. OSMAN ALI BAIG ASIitS ANT REGISTRAR //TRUE COPY// s CTION OFFICER To, 1. The Principal Special Court in the Cadre of Districl Judge for Trial and Disposal of Commercial Disputes at Hyderabad.
2. One CC to Sri K Suyodh Reddy, Advocate [OPUC] 3. Two CD Copies Sa HIGH COURT DATED: 2310712026 6E S TA 16. ( Il v 2M6 2 3 tut ORDER .1, t- CRP.No.2182 of 2026 t () r c-( DISPOSING OF THE CIVIL REVISION PETITION WITHOUT COSTS ac Nt