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 I.A No.1 of 2024 IN/AND CIVIL MISCELLANEOUS APPEAL NO: 98 OF 2019 CIVIL MISCELLANEOUS APPEAL NO: 98 OF 2019 Appeal under Section 37 (1) (c) of the Arbitration and Conciliation Act, against the order of the learned II Additional Judge, Vijayawada in Arb.OP No 169 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 R.K.Towers, Vetenary Colony, Gunadala, Vijayawada years. Flat No 514 ...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. Sri Justice Y.Venkatachalam, (Arbitrator) (R2 is not necessary party in this appeal) lA NO: 1 OF 2019 Petition under 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 stay all further proceedings in execution of award dated 20th September 2016 of the learned sole arbitrator in Arbitration Op. 126/2014 as confirmed by II Addl.District Judge, Vijayawada in Arb.Op.169/2016 dated 12-12-2018 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 2. Justice Sri Y. Venkatachalam ( R2 is not neccessary 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 Respondent No.1: 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 TWO THOUSAND AND TWENTY FIVE APHC010071242019 0? 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.98 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.CSINDHUKUMARI 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 dismissing Arb.O.P.No.169 of 2016 delivered by the Learned 2'^^ respondent, on various grounds. I.A.No.1 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. Heard Mr.S.S. Prasad, learned Senior Counsel petitioners/appellants. Also heard Mr.O.Uday Kumar, learned the respondent No.1. dated 12.12.2018 Arbitrator/ respondent terms of compromise 3. appearing for the counsel for 4. The appellants as well as Mr.Y.Koteswara Rao, Senior Credit Executive/Authorised Signatory of the identified by their respective counsel respondent No.1, who are are present before this Court and being specifically asked, both the parties confirmed the paid the amounts in terms of the terms of compromise recorded in the on appellants memorandum dated 04.11.2024, which is appended to the application. As the parties voluntarily settled the dispute amicably and the 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. terms and CIVIL MISCELLANEOUS APPEAL No.9fi of 9niQ- 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, costs. No order as to 3 Registry is directed to annex a copy of the compromise memo to this judgment. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1- The II Additional District Judge, Vijayawada, records) 2. One CC to Smt. C Sindhu Kumari Advocate 3. One CC to Sri. O Udaya Kumar Advocate [OPUC] 4. The Section Officer, VR Section, Amaravathi 5. Three CD Copies Krishna District (with [OPUC] High Court of Andhra Pradesh at Stu sree * along with the copy of compromise I.A No.1 of2024 memo dated 04-11-2024 filed in HIGH COURT DATED;24/01/2025 ORDER I.A No.1 of 2024 in/and CIVIA.No.98 of 2019 S 0 6 MAR 2025 E . Current Section ^ ALLOWING THE I.A NO.1 OF 2024 AND CLOSiMr the civil miscellaneous appeal / ANDHRA PRADESH::AT AMARAVATl of 2019 IN THE HIGH COURT OF C.MANo. / 98 / Between; 1 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, RK Towers Veternary Colony Gunadala Vijayawada, NTR District, AP Appellants And 1 M/s Shriram Finance Limited (Formerly Shriram Transport Fiance 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 Ve.nkatachalam ^R2 is not necessary party in this appeal ) Respondents nOMPROMlSE MEMO connected C.M.A Nos.93/2019, 100/2019, 104/2019, 95/2019, 86/2019, 126/2019, 1 In the above C.M.A. and in the 103/2019,.,H7/?O19, 96/2019, 97/2019, 94/2019, 105/2019, 123/2019, 102/2019, 99/2019 ' 101/2019 the Appellant and the Respondent settled the matter 127/2019 106/2019 outside the court and th’e sum of received in all a Fifty Lakhs only), by way of Respondent Rs 3 50,00,000/- (Rupees Three Crores and cnepue hearing No,072484 Dated.OB-01-2024 tor Indian Bank, Mogalrajpuram Branch and by Cheque No,00078 a e . 2024 Rs.3,00,00,000/-, drawn on ICICI Bank Ltd., and final settlement of all the claims in Enikepadu Branch. In full in the above C.M.A. and in the said ANCfe Ul iS- ,7 7 [ lc£s:iNei^L <\00 P t C.M.As referred to above. In this regard the MOU dated 6th Jan 2024 parties had also entered into 2. The letter dt.30-06-2024 acknowledging the said Rs.3,50,00.000/- & the MOU Dt.06-01-2024 settlement and the of the Respondent amount of in full and final Compromise. receipt of the said (Rupees Three Cores Fifty Lakhs only) i - settlement, as stated above, is filed along with this Memo of 3. In view of the above the Appellant Court to dispose of the without any orders to and the Respondent pray this Hon'ble above Appeal in terms of this Compromise Memo costs. And pass such other deemed fit in the circumstances of the order or orders as may be case. VIJAYAWADA, DT. -99-2924 d'Ct.{ S -HOI (KESINENI SRINIVAS) appellant No.1 (TATINENI RAMBABU) appellant No.2 For SHRIRAM FINANCE LIMITED rCA: ,, Au^f'orlsed Signatory c _,/^-^0TESWARA RAO) Sr.Credit Execuitive/Authorized Signatory M/s.Shriram Finance Limited Respondent COUNS^F' appellants COUNSEL FOR RESPONDENT