IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV FRIDAY ,THE TWENTY FOURTH DAY OF JANUAR TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM I.A No.1 of 2024 IN/AND CIVIL MISCELLANEOUS APPEAL NO: 93 OF 2019 Appeal under Section 37 (1) (c) of the Arbitration and Conciliation Act, Aggrieved by the order of the learned II Additional District Judge, Vijayawada in Arb.OP No.170 of 2016 dated 12.12.2018. Between: 1. Sri Kesineni Srinivas, S/o Ramaswamy, aged 53 years, R/o. 48-16- 11/3B, Mahanadu Road, Auto Nagar, Vijayawada, Krishna 2. Sri P.Rambabu, S/o Venkata Rao, aged 52 years. Flat No 514, R.K.Towers, Vetenary Colony, Gunadala, Vijayawada ...Appellants/Petitioners/Respondents AND 1. M/s Shriram Transport Finance Co. Ltd, Rey 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, Krishna. ...Respondent/Claimant/Petitioners 2. Justice Sri Y. Venkatachalam (Arbitrator) j. - - C R2 is not necessary in this appeal) tX NO: 1 OF 2019 Petition under Section 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 grant stay of all further proceedings in execution of award dated 20th sep, 2016 of the learned sole arbitrator in arbitration OP No 127 of 2014 as confirmed by the II Addl. District Judge, Vijayawada in ARB Op No 170 of 2016 dated 12.12.2018 pending disposal of above CMA. lA NO: 1 OF 2024 Between: 1. Sri Kesineni Srinivas, S/o Ramaswamy, aged 53 years, R/o. 48-16- 11/3B, Mahanadu Road, Auto Nagar, Vijayawada, Krishna 2. Sri Tatineni Rambabu, S/o Venkata Rao, aged 52 years. Flat No 514, R.K. Towers, Vetenary Colony, Gunadala, Vijayawada ... Petitioners/Appellants AND 1. Shriram Transport Finance Co. Ltd (Formerly Shriram Transport Finance Company Limited), Rey by its Sr.Credit Executive/GPA Holder, Mr. Y.Koteswara Rao, Registered Office at Sri Towers, Plot No. 14 A, South Phase, Industrial Estate, Guindy, Chennai - 600032 Tamil Nadu State 3. Justice Sri Y. Venkatachalam (R2 is not necessary party in this appeal) ... Respondents/Respondents Petition under Order 23 Rule 3 R/w 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 dispose of the above CMA in terms of the said Memorandum of Compromise. Counsel for the Appellants: Sri S.S. Prasad, Senior Counsel representing Smt. C. Sindhu Kumari Counsel for the Respondent No.1: Sri O. Udaya Kumar The Court made the following: [3494] APHC010071162019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM I.A. No.1 of 2024 IN/AND CIVIL MISCELLANEOUS APPEAL No.93 of 2019 Between: 1. Sri Kesineni Srinivas, S/o Ramaswamy, aged 53 years, R/0.48-16-11/3B, Mahanadu Road, Auto Nagar, Vijayawada 2. 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.CSINDHU KUMARI Counsel for the Respondent: 1.0 UDAYA KUMAR 2 The Court made the following ORDER: (per NJS,J) This appeal is filed assailing the Order dated 12.12.2018 dismissing Arb.O.P.No.170 of 2016 delivered by the Learned Arbitrator/ 2"^ respondent, on various grounds. I.A.No.1 of 2024: 2. This application is filed by the appellants along with the respondent No. 1/Finance Company seeking to record the terms of compromise entered into between them, by stating that the respondent No.2 is not a necessary party. 3. Heard Mr.S.S. Prasad, learned Senior Counsel appearing for the petitioners/appellants. Also heard Mr.O.Uday Kumar, learned counsel for the respondent No. 1. The appellants as well as Mr.Y.Koteswara Rao, Senior Credit Executive/Authorised Signatory of the respondent No.1 identified by their respective counsel, are present before this Court and on being specifically asked, both the parties confirmed the appellants paid the amounts in terms of the terms of compromise recorded in the memorandum dated 04.11.2024, which is appended to the application. As the parties voluntarily settled the dispute amicably and the terms and conditions are reduced into writing by way of a compromise memo, this Court is inclined to record the terms of compromise, and accordingly I.A. No.1 of 2024 is allowed. 4. who are CIVIL MISCELLANEOUS APPEAL No.93 of 2019: 5. In view of the orders passed by this Court in I.A. No.1 of 2024, this Civil Miscellaneous Appeal is closed as compromised. No order as to costs. 3 Registry is directed to annex a copy of the compromise memo to this judgment. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The II Additional District Judge, Vijayawada, Krishna District (with records if any) One CC to Smt. C Sindhu Kumari, Advocate [OPUC] One CC to Sri. O Udaya Kumar, Advocate [OPUC] The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi Three CD Copies 2. 3. 4. 5. Stu sree * along with the copy of compromise memo dated 04-11-2024 filed In I.A. No.1 of 2024 HIGH COURT DATED:24/01/2025 ORDER I.A No.1 of 2024 in/and CWlA.No.93 of 2019 of '‘"oxSTjs% X 0 5 MAR jn?-! O', mi ^ Curreiu oeciion ALLOWING THE I.A NO.1 OF 2024 AND CLOSING THE CIVIL WIISCELLANEOUS APPEAL / y / IN THE HIGH COURT OF ANDHRA PRADESH:;AT AMARAVATI C.MANo. 93 of 2019 Between: I.Kesineni Srinivas S/o.Rama Swamy Aged about 58 years, Occ:Business R/O.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 Appellants 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) Respondents COMPROA/IISE MEMO 1. In the above C.M.A. and in the connected C.M.A Nos.95/2019, 100/2019 103/2019, 'T1772019 97/2019, 98/2019, 94/2019, 104/2019, 96/2019 127/2019, 105/2019, 123/2019, 102/2019, 99/2019, 86/2019, 126/2019 106/2019, 101/2019 the Appellant and the Respondent outside the court and the settled the matter sum of and Fifty Lakhs only), by way of for Rs.50,00,000/- drawn Indian Bank, Mogalrajpuram Branch and by Cheque No.000782 2024 Rs.3,00,00,000/-, drawn and final settlement of all the claim,‘3 in the above C.M.A. and in the said Respondent received in all a Rs.3,50,00,000/- (Rupees Three Crcres cheque bearing No.072484 Dated.06-01-2024 on Dated.29-06- on ICICI Bank Ltd., Enikepadu Branch. In full i for SHRIRAM FINANCE UMITEC M. ^ -fl H.E ( cfcsiA/e^L i\dPI=U-A^T A/i L y / A Aii -r PiO 2— n ^ fK /) M ^ h C-/X I /n > \ C.M.As referred to above. In this regard the parties had also entered into an ^ ^ MOU dated 6th Jan 2024 2. The letter dt.30-06-2024 & the MOU Dt.06-01-2024 of the Respondent acknowledging the said settlement and the receipt of the said amount of Rs.3,50,00,000/- (Rupees Three Crores Fifty Lakhs only) in full and final settlement, as stated above, is filed along with this Memo of Compromise. 3. In view of the above the Appellant and the Respondent pray this Hon’ble Court to dispose of the above Appeal in terms of this Compromise Memo without any orders to costs. And pass such other order or orders as may be deemed fit in the circumstances of the case. VIJAYAWADA, DT.^/^-^^-2024 (TATINENI RAMBABU) APPELLANT No.2 (KESINENI SRINIVAS) APPELLANT No.1 For SHRIRAM FINANCE LIMITED N. Authorised Signatory (Y.KOTESWARA RAO) Sr.Credit Execuitive/Authorized Signatory M/s.Shriram Finance Limited Respondent •5 c^n'se^*r^ COUNSEL FOR RESPONDENT PELLANTS