TaxTMI 
TaxTMI 
2025 (12) TMI 33
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.... M/s Vikrant Tyres before the Principal Senior Civil Judge, Vijayawada for the recovery of an amount of Rs. 8,13,387.88/- towards the settlement of accounts and amounts due towards the incentives, commissions and discount. 3. In the same year, M/s Vikrant Tyres also filed a Civil Suit bearing OS No. 237 of 1996 against Respondent/ Shri Krishna Tyres for the recovery of an amount of Rs. 34,15,845/- before the Principal Senior Civil Judge, Vijayawada. While these suits were pending, M/s Vikrant Tyres was acquired by the present Appellant, namely, J.K, Tyre and Industries Limited which merged with the present Appellant in the year 2002. 4. The suit filed by Vikrant Tyre, now the present Appellant was dismissed as premature, whereas in the civil suit No. 235 of 1996, a preliminary decree was passed and Advocate Commissioner was appointed to ascertain the amount payable by the present appellant to the decree holder/ Shri Krishna Tyres. 5. The Appellant challenged the preliminary decree dated 16.09.2010 passed in the suit filed by the Respondent, by way of First Appeal No. 850 of 2010 in which the Hon'ble High Court of Andhra Pradesh at Hyderabad passed the following order :- ....
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.... filed a Revision Petition bearing CRP No. 2461 of 2023 against the dismissal of IA No. 356 of 2016 filed in the First Appeal bearing AS No. 527 of 2023 in which the Hon'ble High Court of Andhra Pradesh had passed the order of stay on 19.12.2023 which read as under :- "Heard reply arguments of learned Senior Counsel, Sri D. Prakash Reddy, representing Sri Narasimha Rao Gudiseva, learned counsel for appellants in A.S. No.527 of 2023, and learned Senior Counsel, Sri A. Satyanarayana, representing Sri Narasimha Rao Gudiseva, learned counsel for petitioners in C.R.P. No.2461 of 2023. It is submitted by the learned Senior Counsel Sri. D. Prakash Reddy that the respondents herein filed CP No. (IB)-51/7/JPR/2023 before NCLT, Jaipur Bench, and the matter is posted to tomorrow i.e., 20.12.2023 and if for any reason, the said CP is admitted, the petitioners herein may have to face so much of financial hardship and their credibility may also be at stake. On this Submission, the learned Senior Counsel sought for interim stay of execution of the final decree in O.S.No.235 of 1996 till orders are passed by this Court in the present petition. Learned Senior Counsel for ....
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....o.527 of 2023 has been filed. 5. On 05.03.2025, we passed an order to consider the question of the maintainability of the appeal, particularly on the ground raised without depositing the Court fee, ad valorem, though the appellant deposed the Court fee as was deposed by the plaintiff/respondent in the suit, as well as the question of the maintainability of the application under Order 7 Rule 11 of the Code of Civil Procedure, 1908, filed by the plaintiffs/respondents in the appeal to reject the memorandum of appeal. 6. Referring to the order dated 05.03.2025, learned counsel for the respondents submits that the appeal should be heard first. 7. By the said order, it was not held that the appeal should be considered and decided first. On the points as raised on 05.03.2025 by the learned counsels for the parties, and in that context, we found it appropriate to hear the learned Government Pleader as well. 8. Upon considering the aforesaid submissions, as also that the order of rejection of I.A. No. 356 of 2016 may be a relevant factor determining whether the appeal filed against the final decree, would require to be proceeded further or not, we provid....
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....urther proceedings in IA No. 636 of 2011 in O.S. No. 325 of 1996, dated 10.07.2023, on the file of Principal Senior Civil Judge, Vijayawada, for a period of eight weeks. Post on 23.06.2025." Keeping in view of the fact that there is no stay granted of NCLT proceedings, we are constrained to proceed with the matter. Rather, we shall be failing in our duty in not proceeding any further in the absence of any stay of the present CP. The abovesaid order says that there shall be stay of further proceedings in IA No. 636 of 2011 in OS 325/1996. On the request of the Ld. Counsel for the applicant, posted to 20.05.2025." 17. The Appellant had also challenged the order on 20.05.2025 which was passed immediately thereafter which reads as under :- "Both the counsels jointly submit that pleadings are complete in this case and the case be posted before the regular Bench for arguments. Posted to 08.07.2025." 18. The present appeal has been filed to assail the aforesaid two orders dated 09.05.2025 & 20.05.2025 on the strength of the order dated 30.04.2025. 19. The appeal was filed on 23.05.2025. It came up for preliminary hearing on 30.05.2025 and the f....