CRP/508/2025 of M/s. VENKATESHWARA ORTHO HEALTH CARE PVT. LTD Vs Mr. LINGA LALA LAJPAT RAI on 7 November 2025

1. M/s. VENKATESHWARA ORTHO HEALTH CARE PVT. LTD, (SRIKARA HOSPITALS), Represented by its' Chairman Et Managing Director Dr. Akhil Dadi, S/o. Late Sai Vara Prasad Dadi, Aged about. 51 Years, Occupation . Doctor - Ortho Surgeon, Office at RTC X Roads Metro Station, Beside NABARD, Door No. 1-1-6On and 7A, Srikara Hospitals, Bakaram Lane, Musheerabad. Hyderabad. PIN - 500020. ...PETTTTONER(S) D,,

1. Mr. LINGA LALA LAJPAT RAl, S/o. Late Linga Laxmaiah, Aged about. 70 Years, Occupation. Business

2. Mr. LINGA SRI PRAKASH, S/o. Late Linga Laxmaiah, Aged about. 67 Years, Occupation. Business

3. Mrs. LINGA LAXMI, Wo. Linga Lala Lajpat Rai, Aged about. 67 Years, Occupation. Business

4. Mrs. LINGA ARUNA, Wo. Linga Sri Prakash, Aged about. 65 Years, Occupation. Business

5. Mrs. LINGA ANDALU, Wo. Linga Harish Gandhi, Aged about. 74 Years, Occupation. Business All above Respondents No. 1) to 5) are R/o. Premises No. 10-2-27213, West Marredpally, Secunderabad. PIN -500026.

6. HDFC BANK LTD., Padmaraonagar Branch. Secunderabad. Rep. by its' Manager ...RESPONDENTS

lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Suspend the undated Garnishee Warrant Order as issued in January, 2025 in E.A. No. 115t 2023 in E.P. No. 1631 2018 in Arb. O.P. No. 241 2022by Hon'ble Court of XXVII Addl. Chief Judge, City Civil Court, at. Secunderabad, in respect of deposit of amount of RS. 72,00,000/ - into the said Court, pending the disposal of the above Civil Revision Petition (C.R.P.), in the interest of Justice and pass such other order or orders as this Hon'ble Court may deem fit and properin the circumstances of the case. Counsel for the Petitioner(s): SRI J. PRABHAKAR REPRESENTING SRI. K KRISHNA SHRAWAN Counsel for the Respondents: MR. MUSUKU ARAVIND TEJA REPRESENTING MT. VENKATESH DESHPANDE FOR RESPONDENTS 1 TO 5. Ms. K. RAMYA FOR RESPONDENT NO.6. The Court made the following: ORDER )

THE HON'BLE SRI JUSTICE K. LAKSHMAN AND THE HON'BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY CIVTL REVISIO N PETITION No.508 of 2025 ORDER: (Per Hott'ble Sri Justice K.Lakshman) Heard Mr.J.Prabhakar, learned Senior Counsel representing Mr.K.Krishna Shrawan, learned counsel for the petitioner, Mr.Musuku Aravind Teja, learned counsel representing Mr.Venkatesh Deshpande, learned counsel for respondent Nos.l to 5 and Ms.K.Ramya, learned counsel for respondent No.6

2. This Civil Revision Petition is filed under Article 227 of the Constitution of India challenging the undated'Garnishee Wamant issued in January, 2025 in E.A.No.l15 of 2023 in E.P.No.l63 of 2023 in Arb.O.P.No.24 of 2022 on the file of the learned XXVII Additional Chief Judge, City Civil Court at Secunderabad.

3. Perusal of the record would reveal that respondent Nos.l to 5 have filed an application under Section 9 of the

Arbitration and Conciliation Act, 1996 vide Arb.O.P.No.24 of 2022. The same was allowed-in-part. Therefore, they have filed E.P.No.163 of 2023. During the pendency of the said E.P., they have also filed E.A.No.l l5 of 2023. Thereafter, an Award dated 02.11.2024 was passed by the learned Arbitrator. Challenging the said Award the petitioner herein has filed an Conciliation Act, 1996 vicle Arb.O.P.No. L of 2025 on the file of the learned XXVII Additional Chief Judge, City Civil Court at Secunderabad.

4. During the pendency of the said application, parties have settled the disputes. They have entered into a Megrorandurn of Understanding (MOU),, dated 05.09.2025 on the specific terms and conditions mentioned therein. ln clause No.3 of the said MOU, parlies have specifically agreed that petitioner is entitled for an aurount o{' Rs.72.00 lakhs lying on to the account of the learned XXVII Additional Chiel'Judge, City civil Courl at Sccunderabad, as deposited by respondent No.6 application under Section 34 of the Arbitration and t /

\ Bank as credited under Garnishee Warrant issued in E.A.No.1 15 of 2023 in E.P.No.l63 of 2023 in Arb.O.P.No.24 of 2022. Further, petitioner is entitled to get back the said amount by taking appropriate steps.

5. Learned counsel for the petitioner has filed a memo vide U.S.R.No.l 19687 of 2025, dated 28.10.2025 along with the copy ol'the said MOU.

6. In the light of the same, learned Senior Counsel appearing for the petitioner would submit that the present Civil Revision Petition may be disposed of directing the learned XXVII Additional Chief Judge, City Civil Court at s Secunderabad, to pay the said amount i.e., Rs.72.00 lakhs, along with interest, to the petitioner herein. Learned counsel appearing for the respondent Nos.l to 6, on instructions, would submit that respondent Nos.l to 6 have no objection in petitioner claiming the said amount of Rs.72.00 lakhs along with interest from the learned XXVII Additional Chief Judge, I I City Civil Court at Secunderabad.

In the light of.the said subrnissions and considering the aforesaid Memorandum of Understanding (Mou), dated 05.09.2025, this Civil Revision Petition is disposed of granting liberty to ttre petitioner to f-rle a cheque petition in E.P.No.l63 of 2023 in Arb.O.P.No.24 of 2022,, pending on the file of the learned XXVII Additional Chief Judge, City Clivil Court at Secunderabad, clair-ning the said atnount of Rs.72.00 lakhs, along with interest. Learned XXVII Additional Chief Judge, City Civit Court at Secutrderabad, shall consider the said application, and issue cheque to the petitioner considering the fact that respondent Nos.l to 6 reported 'no objection' fbr issuing cheque in favour of the petitioner. i Miscellalleous applications pending, if any, shall stand closed. There shall be no order as to costs. SD/. M.NAGAMANI ASSISTANT REGISTRAR G \ /TRUE COPY// SECTION OFFICER To,

1. The XXVII Addl. chief Judge, city civil court, at secunderabad, Secunderabad. HDFC BANK LTD., Padmaraonagar Branch. Secunderabad.

2. One CC to SRl. K KRTSHNA SHRAWAN Advocate [OpUC]

3. one cc to sRl. VENKATESH DESHPANDE Advocate topucl

4. One CC to Ms.K.Ramya,Advocate (OPUC) hV s. Two cD copies

., HIGH COURT DATED i0l n1l2A25 CRP.No.508 of 2025 DISPOSED OFF a't\\,t'" D o O ?' ?t25 r1$l * I \ \\