; ■ 1 V s V *4 *4 COURT OF ANDHRA PRADESH AT AMARAVATI THE TWENTY FOURTH DAY OF JAN IN THE HIGH FRIDAY, TWO THOUSAND AND TWENTY FIVE a: D & C \: o, PRESENT A/.,d.h ♦ THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND honourable smt justice SUMATHI JAGADAM THE I A. NO. 1 OF 2024 IN/AND MiQrFi I ANFOUS APPEAL NO: 100 OF 2019 37 (1) C of the Arbitration and Conciliation order of the learned II Additional District .P.No.163 of 2016 dated 12.12.2018 the Miscellaneous appeal under sec.37(1)(c) of the CIVIL Appeal Under Section Aggrieved by the Act, 1996 Judge, Vijayawada in ARB.O appellants filed this Civil arbitration and conciliation. Between: 1. Sri Kesineni Srinivas, S/o Ramaswamy, aged 58 years Mahanadu Road, Auto Nagar, Vijayawada, NTR District, i Rambabu, S/o Venkata Rao, aged 52 years, R/o Flat No. RK. Towers Veternary Colony, Gunadala, Vijayawada, NTR R/o. 48-16- 11/3B, 2. Sri Tatineni 514, District. ...Appellants/Petitioners/Respondents AND ‘ I. Ltd, Rep. by its Power of attorney S/o Raghavulu, aged about 40 years, 1. M/s Shriram Transport Finance Co Holder, R/o. 54-15-5 Mr. Y Koteswara Rao Dhoom Complex, Vijayawada. ...Respondent/Claimant/Petitioner Sri. Venkatachalam, (Arbitrator) not necessary party in the appeal) 2. Justice (R2 is ...Respondents lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances the affidavit filed in support of the petition the High Court may be stated in pieased to grant stay of ali further proceedings in „ „ 20- Sep 2016 of the teamed soie arbitrator in arbitrahon O.P.No.120 confirmed by the i. Additional District Judge, Vijayawada ,n .163 of 2016 dated 12.12.2018. in execution of award dated 2014 as ARB.O.P.No lA NO: 1 OF 2024 Between: R/o. 48-16- 1. Sri Kesineni Srinivas S/o Ramaswamy, aged 58 years Mahanadu Road, Auto Nagar, Vijayawada. 11/3B, 2. Sri Tatineni Rambabu S/o Venkata Rao Veternary Colony, Gunadala, Vijayawada. R/o Flat No 514, RK. Towers ...Appellants/Petitioners/Respondents AND M/s Shriram Transport Finance Co. Ltd. 1 V N (Formerly Shriram Transport Finance Company Limited) Rep. by its Sr. Mr. Y Koteswara Rao, Registered Credit Executive / GPA Holder Office at Sri towers, Plot No.14A South phase, Industrial Estate Guindy Chennai -600032, Tamil Nadu State. ...Respondent/Claimant/Petitioner 2. Justice Sri. Venkatachalam, (Arbitrator) { R2 is not necessary party in the appeal) ...Respondents Petition under Order 23 Rule 3 R/W 151 of CPC, praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dispose of the above CMA in terms of the said Memorandum of Compromise. Counsel for the Appellants: SMT. C. SINDHU KUMARI Counsel for the Respondents: SRI O. UDAYA KUMAR The Court made the following: % [3494] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TO/O THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA APHC010070992019 AND THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM I.A. No.1 of 2024 IN/AND rix/ii Miqr^FI LANEOUS APPEALNo.100of 2W Between: 1. Sri Kesineni Srinivas, S/o Ramaswamy, aged 53 years, R/0.48-16-11/3B, Mahanadu Road, Auto Nagar, Vijayawada ^ Sri P.Rambabu, S/o Venkata Rao, aged 52 years, R/o Flat No.514, R.K. Towers, Veternary Colony, Gunadala, Vijayawada. ...Appellants AND 1. M/s Shriram Transport Finance Co Ltd, rep. by its Power of Attorney Holder, Mr Y Koteswara Rao S/o Raghavulu, aged about 40 Years, R/o 54-15-5 Dhoom Complex, Vijayawada. 2 Justice Sri Y Venkatachalam (Arbitator), ' (R2 is not necessary party in the Appeal) ...Respondents Counsel for the Appellants: 1.C SINDHU KUMARi Counsel for the Respondent: 1.0 UDAYA KUMAR 2 The Court made the following ORDER; dismissing Ar^OP No 16^1 2016'r|- 12.12.201E -POhdenl, on .nous glnd: ^ LA.No.1 of ?n9A- This application is flied by the appellants along Nc.1/F,nance Company seeding to record the terms entered into between them, by stating that the necessary party. 3. Heard Mr.S.S. Prasad, learned Senior Counsel Petitioners/appellants. Also heard Mr.O.Uday Kumar, learned the respondent No. 1. ■■ (per NJS.J) 2ncl 2. with the respondent - of compromise respondent No.2 is not a appearing for the counsel for 4. The appellants Executive/Authorised identified by their as well as Mr.Y.Koteswara Signatory of the Rao, Senior Credit respondent No.1 who are respective counsel, are present before this Court Ihe parties confirmed paid the amounts in terms of the terms of memorandum dated 04.11.2024 As the parties voluntarily conditions are reduced i Court is inclined to No.1 of 2024 is allowed. and on being specifically asked the appellants compromise recorded in the which is appended to the application, settled the dispute amicably and the terms and into writing by way of a compromise memo, this record the terms of compromise, and accordingly I.A. CTdL MISCEII ANEOll-A apdc ,,on 5. as to T 3 Registry is directed to annex a copy of the compromise memo to this judgment. Sd/- E KAMESWARA RAO JOINT REGISTRAR ’ SECTION OFFICER //TRUE COPY// To, 1. The II Additional District Judge, Vijayawada, Krishna District (with records) 2. One CC to Smt. C Sindhu Kumari, Advocate [OPUC] 3. One CC to Sri. O Udaya Kumar, Advocate [OPUC] 4. The Section Officer, V R Section, High Court of Andhra Pradesh at Amaravathi. 5. Three CD Copies PR sree (enclosing the compromise memo) HIGH COURT DATED:24/01/2025 ORDER I.A. N0.1 of 2024 IN/AND C.IVI.A.NO.100 of 2019 -e 0 6 MAR 20?5 Current oeciion ^ the I.A NO: 1 OF 2024 AND ing the appeal as compromised HIGH COURT OF ANDHRA PRADESH;;AT AMARAVATl of 2019 IN THE 100 C.M.A.No. Between: I.Kesineni Srinivas S/o.Rama Swamy Aged about 58 years, Occ.Business R/0.D.N0.48-16-11/3B, Mahanadu Road Autonagar, Vijayawada - 520 007 NTR District, AP 2. Sri Tatineni Rambabu Flat No 514, R K Towers Veternary Colony Gunadala Vijayawada, NTR District, AP And 1.M/s.Shriram Finance Limited (Formerly Shriram Transport Finance Company Limited) Rep.by its Sr. Credit Executive/GPA Holder Mr.Y.Koteswa Rao Registered office at Sri Towers, Plot No.14A South Phase, Industrial Estate Guindy Chennai - 600032 Tamil Nadu State 2. Justice Sri Y Venkatachalam (R2 is not necessary party in this appeal) Appellants Respondents COMPROMISE MEMO In the above C.M.A. and in the connected C.M.A Nos.93/2019, 99/2019, 104/2019, 95/2019, 102/2019, 98/2019, 86/2019, 126/2019, 1 117/2019, 96/2019, 97/2019, 94/2019 103/2019, 127/2019, 105/2019, 123/2019 106/2019, 101/2019 outside the court and the Rs.3,50,00,000/- (Rupees Three cheque bearing No.072484 Indian Bank, Mogalrajpuram 2024 Rs.3,00,00,000/-, drawn on and final settlement of all the claims in the above C.M.A. and in the said the Appellant and the Respondent settled the matter sum of Respondent received in all a Crores and Fifty Lakhs only), by way of Dated.06-01-2024 for Rs.50,00,000/- drawn on Branch and by Cheque No.000782 Dated.29-06- ICICI Bank Ltd., Enikepadu Branch. In full for SHRiKAll4 FINAMCe UMUtU 2^- • .C2 a V>'V' S‘gnatotv ( y. iQore-i'iw AvvtfVA'c j 9 C. n A-.C ) 2. In the above C.M.A. the petitioners and the respondents compromise the matter and entered into a Memorandum of Compromise. The petitioners and the respondents have signed the said Memorandum of Compromise, same is filed along with this affidavit. The r In the said compromise Memo both parties have prayed that the above appeal may be disposed of in terms of the said compromise memo. If the above appeal is not disposed of in terms of the compromise memo the interest of justice will suffer and parties will be put to prejudice. 3. 4. It is therefore just and essential that this Hon’ble Court may be pleased to dispose of the above appeal in terms of the enclosed compromised memo and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. \j Deponent Solemnly affirmed and signed Before me on this the^'Say of November, 2024 at Amaravati. Advocate, Amaravati X/