-V \ 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: 101 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. 181/2016 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 3. 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 4. Justice Sri Y.Venkatachalam, (Arbitrator), (R.2 is not necessat7 party in this appeal.) ...Respondents 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 grant stay of all further proceedings in execution of award dated 20*^ September, 2016 of the learned sole arbitrator in Arbitration OP No. 138 of 2014 as confirmed by the II Addl. District Judge, Vijayawada in Arb. O.P. No. 181/2016 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 under Order 23 Rule 3 R/w Sec. 151 of CPC, praying that in Petition the circumstances stated in the affidavit filed in support of the petition, the be pleased to dispose of the above CMA in terms of the High Court may 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: 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 HONOURABLE SRI JUSTICE NINALA JAYASURYA AND honourable smt justice SUMATHI JAGADAM I A. No.1 of 2024 IN/AND MigrPl I ANEOUS APPEAL No.101 of 2019 APHC010071482019 f0WW THE THE CIVIL ^^TsTKesineni 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 Transport Finance Co Ltd, rep. by its Holder, Mr Y Koteswara Rao aged about 40 Years, R/o 54-15-5 1. M/s Shriram Power of Attorney S/o Raghavulu, Dhoom Complex, Vijayawada. o 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: (per NJS,J) This appeal is filed assailing the Order dated 12.12.2018 dismissing Arb.O.P.No.181 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. 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. 3. The appellants as well as Mr.Y.Koteswara Rao, Senior Credit Executive/Authorised Signatory of the respondent No.1, who are 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. CIVIL MISCELLANEOUS APPEAL No.101 of 2019: 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. 5. 3 V 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. 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.A No.1 of 2024 J* high court DATED: 24/01/2025 ORDER l.A.No.1 of 2024 IN/AND CMA.No.101 of 2019 r 0 6 MAR 20?5 ^ . Curreni Secuon ^ ^^s^SPATC ' mi (9> Co. 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. 101 of 2019 Between; TKesineni Srinivas S/o.Rama Swamy Aged about 58 years, OcciBusiness R/0.D.N0.48-16-11/3B, Mahanadu Fload 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 COMPROMISE MEMO 'Y'. 3 nM'-i 1. In the above C.M.A. and in the connected C.M.A Nos.93/2019, 99/2019, 103/2019, -41^7^019iH ■96/2019, 97/2019. 94/2019, 104/2019, 95/2019, 127/2019, 105/2019, 123/2019, 102/2019. 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 for shriram FINANCE UMITEO N. S*an3»o.- y, tCoresi^ (_ 'r/9-T' s ^ Af V-RrS") C.M.As referred to above . In this regard the parties had aiso entered into an MOU dated 6th Jan 2024 & ,he MOU Dt.06-01-2024 of the Respondent of the said amount of full and final 2. The letter dt.30-06-2024 acknowledging the said Rs.3.50,00,000/- (Rupees settlement, as stated above, is settlement and the receipt Fifty Lakhs only) in Three Crores is fifed along with this Memo of Compromise this Lfon’ble Appellant and the Respondent pray of this Compromise Memo orders as may be In view of the above the court to dispose of the above Appeal in terms without any orders to costs. And pass such other order o deemed fit in the circumstances of the case. 3. 69=2624 Ok -1 VIJAYAWADA, DT. (TATINENI RAMBABU) appellant No.2 (KESINENI SRINIVAS) appellant No.1 For SHRIRAM FINANCE LIMITED ■CJ^ Authorised Slgtiator/ (Y.KOTESWARA RAO) dit £xecuitive/Authofized Signatory M/s.Shriram Finance Limited Respondent Sr.Cre COUNSEL FOR RESPONDENT