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: 104 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. 171/2016 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. Flat 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) is not necessary party in this appeal.) V *V ...Respondents -•s lANO: 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 grant stay of all further proceedings in execution of award dated 20*^ September, 2016 of the learned sole arbitrator in Arbitration OP No. 128 of 2014 as confirmed by the II Addl. District Judge, Vijayawada in Arb. O.P. No. 171/2016 dated 12-12-2018 pending disposal of above CMA. lA NO: 1 OF 2024 Between: Kesineni Srinivas, S/o. Rama Swamy, aged 58 years, Occ: Business R/0.48-16-11/3B, Mahanadu road, auto nagar, Vijayawada-520007 NTR District, A.P. 1. 2. Sri Tatineni Rambabu, R/o. Flat No. 514, RK Towers, Veternary Colony Gunadala, Vijayawada, NTR Dist., A.P. ...Petitioners/Appellants AND M/s Shriram Finance Limited, (Formerly Shriram Transport Finance Company Ltd.) Rep. by its Senior Credit Executive /GPA Holder, Mr. Y.Koteswar rao. Registered Office at Sri Towers, Plot No. 14 A, South Phase, Industrial Estate Guindy Chennai-600032, Tamil Nadu State. 1. 2. Justice Sri Y.Venkatachalam (R.2 is not necessary party In this appeal.) ...Respondents/Respondents Rule 3 R/w Sec. 151 of CPC, praying that in Petition under Order 23 the circumstances High Court may be pleased to dispose said Memorandum of Compromise. stated in the affidavit filed in support of the petition, the of the above CMA in terms of the Counsel for the Appellants: SMT. C. SINDHU KUMARI the Respondents: SRI O. UDAYA KUMAR The Court made the following: Counsel for [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 PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA APHC010071152019 AND THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM I.A. No.1 of 2024 IN/AND riVII MISCELLANEOUS appeal No.104 of 2019 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: This appeal is filed assailing the Order dismissing Arb.O.P.No.171 of 2016 2 respondent, on various grounds. I.A.No.l of 2n9d- (per NJS,J) dated 12.12.2018 delivered by the Learned Arbitrator/ 2. This application is filed by the appellants along with the respondent No. 1/F,nance 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 petitioners/appellants. Also heard Mr.O.Uday Kumar, the respondent No.1. The appellants Counsel appearing for the learned counsel for 4. as well as Mr.Y.Koteswara Rao, Executive/Authorised Signatory of the respondent No.1 identified by their respective counsel Senior Credit , who are are present before this Court and parties confirmed the appellants 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. on being specifically asked, both the paid the amounts in terms of the terms of CIVIL MISCELLANEOUS APPEAI Mn inyi 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. of 2019: 3 of the compromise memo to Registry is directed to annex a copy this judgment. Sd/- E KAMESWARA RAO JOINT REGISTF^ //TRUE COPY// \\ SECTION OFFICER To, The II Additional District Judge, Vijayawada. One CC to M/s. C. Sindhu Kumari, Advocate [OPUC] One CC to Sri O. Udaya Kumar, Advocate [OPUC] The Section Officer, V.R. Section, High Court of Andhra Pradesh at Amaravathi. Three CD Copies 1. 2. 3. 4. 5. SRm 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 CMA.No.104 of 2019 fof g 0 5 MAR 2075 . Current dection o> CLOSING THE C.M.A. AND ALLOWING THE I.A.No.1 of 2024 IN THE HIGH COURT OF ANDHRA PRADESH;;AT AMARAVATI C.M.A.No. 104 of 2019 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.MA South Phase, Industrial Estate Guindy Chennai - 600032 Tamil Nadu State 2. Justice Sri Y Venkatachalam (R2. is not necessary party in this appeal) Respondents CQMPROIVIISE MEMO _ In-the above C.M.A. and in the connected C.M.A Nos.93/2019, 99/2019, 1 103/2019, 95/2019 102/2019, ,.y|7i^0|'9r^?96^2l)t9, 97,/2019, 94/2019 127/2019, 105/2019 123/2019, 101/2019, 98/2019, 86/2019, 126/2019, 100/2019 the Appellant and the Respondent settled the matter in all a sum of 106/2019, Respondent received outside the court and the Rs.3,50,00,000/- (Rupees Three Crores and Fifty Lakhs only), by way of No.072484 Dated.06-01-2024 for Rs.50,00,000/- drawn on cheque bearing Indian Bank, Mogalrajpuram Branch and by Cheque No.000782 Dated.29-06- ICICl Bank Ltd., Enikepadu Branch. In full 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 Q f^ppe ^ /Yi '2^ C y- tco RppELLAnif m-t L 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. OU-U-TOTM -©9-2024^ VIJAYAWADA, DT. (TATINENI RAMBABU) APPELLANT No.2 (KESINENI SRINIVAS) APPELLANT No.1 for SHRIRAM FINANCE LIMITED Authorised Slgyiatory (Y.KOTESWARA KAO) Sr.Credit Execuitive/Authorized Signatory M/s.Shriram Finance Limited Respondent COUNSEL ONDENT NSEL FOR APPELLANTS