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: 86 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. 168 if 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 R/o. 54-15-5, Dhoom Complex, Vijayawada, Krishna years ...Respondent/Claimant/Petitioners 2. Justice Sr. Y. Venkatachakram (Arbitator), (R2 is not necessary party in the appeal) ...Respondents/Claimant/Petitioners 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 20th September, 2016 of the learned Sole Arbitrator in Arbitration OP.No.125 of 2014 as confirmed by the II AddI District Judge, Vijayawada in Arb.OP.No.168 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 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 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 and pass in 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] APHC010071252019 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.86 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 ODAYA 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.168 of 2016 delivered by the Learned Arbitrator/ 2"'^ respondent, on various grounds. I.A.No.l of 2024: 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. 2. 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 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.86 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 Registry is directed to annex a copy of the compromise memo to this judgment. Sd/- E KAMESWARA RAO JOINT REGISTRAR ^ St SECTION OFFICER Krishna District (with //TRUE COPY// To, 1- The II Additional District Judge, Vijayawada records if any) 2. One CC to Smt. C Sindhu Kumari, Advocate [OPUC] 3. One CC to Sri. O Udaya Kumar, Advocate [OPUC] 4. The Section Officer, VR Section, High Court Amaravathi 5. Three CD Copies of Andhra Pradesh at Stu sree * along with the copy of compromise in I.A. No.1 of 2024 memo dated 04-11-2024 filed HIGH COURT DATED:24/01/2025 ORDER I.A No.1 of 2024 in/and CMA.No.86 of 2019 i 1 2 MAK 2025 ^ Curreoi aecuon %t0ESPATC^'^ ALLOWING THE I.A NO.1 OF 2024 AND CLOSING THE CIVIL MISCELLANEOUS APPEAL WITHOUT COSTS IN THE HIGH COURT OF ANDHRA PRADESH:;AT AMARAVATI C.M.A.No. f, A- 86 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 Tatibeni Rambabu i~iat No 514, R K Towers Veternary Colony Gunadaia 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 Sn Y Venkatachalam (R2 is not necessary party in this appeal) Respondents coiviprolhse memo 1. In the above C.M.A. and in the connected C.M.A Nos.95/2019 100/2019 103/2019 127/2019, 105/2019 117/2019, 97/2019, 98/2019, 93/2019, 104/2019, 96/2019 99/2019, 94/2019, 126/2019, 123/2019, 102/2019 106/2019, 101/2019 the Appellant outside the court and the “ Rs.3,50,00,000/- (Rupees Three Crore and the Respondent settled the matter Respondent received in all a sum of s and Fifty Lakhs only), by way of cheque bearing No,072484 Dated 06-01-2024 for Rs.SO.OO.OOO/- drawn Indian Bank, Mogalrajpuram Branch on and by Cheque No.000782 Dated.29-06- on ICIC; Bank Ltd 2024 Rs.3.00,00,000/-, drawn and final settlement of all the ci Enikepadu Branch. In full C M.A. and in the said Claims ;n the abov T\0o eAU r/?.;Ai'uAS) .-fVrVFr I A-cmT .7- C.M.As referred to above. MOU dated 6th Jan 2024 In this regard the parties had also entered into arsfe, . 2. The letter dt.30-06-2024 acknowledging the said Rs.3,50,00,000/- (Rupees Three settlement, as stated above, i ‘ & the MOU Dt.06-01-2024 of the Respondent amount of only) in full and final IS filed along with this Memo of Compromise. settlement and the receipt of the said e Crores Fifty Lakhs 3. In view of the above the Appellant Court to dispose of the above without any orders to costs. ‘ deemed fit in the circumstances of the and the Respondent pray this Hon’ble Appeal in terms of this Compromise And pass such other order Memo or orders as may be case. VIJAYAWADA, DT. ^-({f-2024 (KESINENI SRINIVAS) appellant No.1 (TATINENI RAMBABU) appellant No.2 ForSHRIRAM FINANCE LIMIT LD" V 1! Authorised Signatory' ^ (Y.KOTESWARA RAO) SrCredit Execuitive/Authorized Signatory M/s.Shriram Finance Limited Respondent COUNSEL FOR RESPONDENT