IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI 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 lA No. 1 of 2024 IN /AND CIVIL MISCELLANEOUS APPEAL NO: 105 OF 2019 Appeal Under Section 37(1 )(c) of the Arbitration and Conciliation Act, 1996, against orders aggrieved by the order of the learned II Additional District Judge, Vijayawada in Arb. O.P. No. 174/2016 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 2. Sri P.Rambabu, S/o. Venkata Rao, aged 52 years, R/o. Fiat No.514, RK Towers, Veternary Colony, Gunadala, Vijayawada. ...Appellants/Petitioners/Respondents AND 1. M/s Shriram Transport Finance Co. Ltd., Rep. by its Power of Attorney Holder, Mr. Y.Koteswar Rao, S/o.Raghavulu, aged about 40 years, R/o. 54-15-5, Dhoom Complex, Vijayawada. ... Respondent/Claimant/Petitioners 2. Justice Sri Y.Venkatachalam, (Arbitrator), (R.2 is not necessary party in this appeal.) ...Respondents lA NO: 1 OF 2019 under Section 151 CPC praying that in the circumstances support of the petition, the High Court may be pleased to grant stay of all further proceedings in execution of award dated 20*" September, 2016 of the learned sole arbitrator m Arbitration OP No. Addl. District Judge, Vijayawada in Arb. Petition stated in the affidavit filed in 131 of 2014 as confirmed by the II 174/2016 dated 12-12-2018 pending disposal of above CMA. O.P. No. lA NO: 1 OF 2024 Between: 1. Kesineni Srinivas, S/o R/0.48-16-11/3B, Mahanadu NTR District, A.P. 2. Sri Tatineni Rambabu, R/o. Flat No. 514, RK Towers, Veternary Colony. Gunadala, Vijayawada, NTR Dist., A.P. Rama Swamy, aged 58 years, Occ; Business Road, Auto Nagar, Vijayawada-520007 ...Petitioners/Appellants AND Limited, (Formerly Shriram Transport Finance Credit Executive /GPA Holder, Mr. Office at Sri Towers, Plot No. 14 A, South Industrial Estate Guindy Chennai-600032, Tamil Nadu State. 1. M/S Shriram Finance Company Ltd.) Rep. by its Senior Y.Koteswar rao. Registered Phase, 2. Justice Sri Y.Venkatachalam (R.2 is not necessary party in this appeal.) ...Respondents/Respondents under Order 23 Rule 3 R/w Sec. 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 Petition The Court made the following: [3494] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT honourable SRI JUSTICE NINALA JAYASURYA AND honourable smt justice sumathi jagadam APHC010071272019 FRIDAY, THE THE I A. No.1 of 2024 IN/AND miscellaneous APPEAI No.105 of 2019 CIVIL Between: 1 Sri Kesineni Srinivas, S/o Ramaswamy, aged 53 years. Mahanadu Road, Auto Nagar, Vijayawada R/0.48-16-11/3B Sri P.Rambabu, S/o Venkata Rao, aged 52 years R/0 Flat No.514, R.K. Towers, Veternary Colony, Gunadala. Vijayawada. ...Appellants AND Shriram Transport Finance Co Ltd, rep. by its .. of Attorney Holder. Mr Y Koteswara Rao RaghavulU, aged about 40 Years, R/o 54-15-5, Dhoom Complex, Vijayawada. ^ Justice Sri Y Venkatachalam (Arbitator), ’ (R2 is not necessary party in the Appeal) 1. M/s Power S/o ...Respondents Counsel for the Appellants. 1.C SINDHU KUMARl 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 dismissing Arb.O.P.No.174 of 2016 delivered by the Learned 2"^^ respondent, on various grounds. I.A.No.l of 2024: 2. This application is filed by the appellants along with the No. 1/Finance Company seeking to record the entered into between them, by stating that the respondent No.2 is not a necessary party. 12.12.2018 Arbitrator/ respondent terms of compromise 3. Heard Mr.S.S. Prasad, learned Senior Counsel potitioners/appellants. Also heard Mr.O.Uday Kumar, learned the respondent No. 1. appearing for the counsel for 4. 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 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 conditions are reduced into writing by way of a compromise memo, this Court is inclined to record the terms of compromise, and No.1 of 2024 is allowed. who are appellants and accordingly I.A. CIVIL MISCELLANEOUS APPEAL No.105 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 costs. as to 3 of the compromise memo to Registry is directed to annex a copy this judgment. Sd/- E KAMESWARARAO JOINT REGISTRY //TRUE COPY// SECTiON OFFICER To, 1. The II Additional District Judge, Vijayawada 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. 5. Three CD Copies SRm sree * along with the copy of compromise memo dated 04-11-2024 filed in I.ANo.1 of 2024 HIGH COURT i DATED: 24/01/2025 ORDER I.A.No.1 of 2024 IN/AND CMA.No.105 of 2019 X 0 5 m wi O’ Co •i-/ ^ Currenv secuon * CLOSING THE C.M.A. AND ALLOWING THE I.A.No.1 of 2024 IN THE HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI 105 of 2019 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 Appellants And I.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 COMPROMISE MEMO 1. In the above C.M.A. and in the connected C.M.A Nos.93/2019, 99/2019, 147/20,19 ,n*9<6/20-19, 97/2019, 94/2019, 103/2019, 95/2019, 102/2019 127/2019, 104/2019, 123/2019, 101/2019, 98/2019, 86/2019, 126/2019, 106/2019, 100/2019 the Appellant and the Respondent settled the matter Respondent received in all a sum of outside the court and the Rs.3,50,00,000/- (Rupees Three Crores and Fifty Lakhs only), by way of cheque bearing No.072484 Dated.06-01-2024 for Rs.50,00,000/- drawn on Indian Bank, Mogalrajpuram Branch and by Cheque No.000782 Dated.29-06- 2024 Rs.3,00,00,000/-, drawn on ICICI Bank Ltd., Enikepadu Branch. In full and final settlement of all the claims in the above C.M.A. and in the said Sianato*'- ^ y fYt -2- 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. -00-2024 VIJAYAWADA, DT. (TATINENI RAMBABU) APPELLANT No.2 (KESINENI SRINIVAS) APPELLANT No.1 rofSHRIRAM FINANCE LIMITED N (Y.KOTESWARA^y67 Sr.Credit Execuitive/Authorized Signatory M/s.Shriram Finance Limited Respondent (SSsB^cfeApfeLLANTS COUNSEL FOTTRESPONDENT