THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.2200 OF 2009 ORDER: The petitioner-defendant filed this revision under Section 115 of the Code of Civil Procedure, 1908 {“CPC” for brevity}, inter alia, seeking to assail the order dated 28.04.2009 passed in E.P.No.421 of 2005 in O.S.No.95 of 2004 on the file of the I Additional Junior Civil Judge, Eluru, in allowing the said petition filed under Order XXI Rule 37 CPC and ordering arrest warrant against the judgment debtor. The main allegation is that the petitioner filed insolvency proceedings and the same is pending. The respondent herein filed CRP.No.5426 of 2007 and the same was dismissed on 17.06.2010. In the meanwhile, the present proceedings are taken up without considering the pendency of the insolvency proceedings in I.P.No.57 of 2005 on the file of the Additional Senior Civil Judge, Eluru. Having considered the submissions made on either side and on perusal of the material available on record, it is seen that both the E.P. and insolvency proceedings are pending in the Courts below. Hence, it would be more appropriate to take up the E.P. after disposal of the application filed under Section 31 of the Provincial Insolvency Act, 1920 {“the Act” for brevity}, so that appropriate orders would be passed by taking into consideration the relevant facts and circumstances. In view of the same, the present E.P. proceedings need not be given effect to till the disposal of the application under Section 31 of the Act. The Civil Revision Petition is, accordingly, dismissed. No costs. It is made clear that the impugned order of arrest would be subject to the orders passed in the aforesaid insolvency application. The Additional Senior Civil Judge, Eluru, is directed to take up I.P.No.57 of 2005 and dispose of the same within a period of one month from the date of receipt of a copy of this order. Office to communicate. _________________ (B.PRAKASH RAO, J) 3rd February 2011 RRB