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: 94 OF 2019 Appeal under Section 37(1) (c) of the Arbitration And Conciliation Act, 1996, against the order of the II Additional District Judge, Vijayawada in Arb.OP. No. 178 of 2016 dated 12-12-2018. CIVIL MISCELLANEOUS APPEAL NO: 94 OF 2019 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 grant stay of all further proceedings in execution of award dated 20-09-2016, of the learned sole Arbitrator in arbitration OP No. 135 of 2014 as confirmed by the II AddI District Judge, Vijayawada in Arb. OP. No. 178 of 2016 dated 12-12-2018 pending disposal 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 necessary 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 Appellant: 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: '1^ APHC010071512019 [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 AND THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM LA. No.1 of 2024 IN/AND CIVIL MISCELLANEOUS APPEAL No.94 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 Raghavuiu, 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 UDAYA KUMAR 2 I? 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.178 of 2016 delivered by the Learned Arbitrator/ 2^’^ respondent, on various grounds. I.A.No.1 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, 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.94 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/- S.V.S.R.MURTHY JOINTREGISTRAR //TRUE COPY// SECTION OFFICER 1. The II Additional District Judge, Vijayawada, Krishna District (with records if any) To, 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 of Andhra Pradesh at Amaravathi 5. Three CD Copies Stu sree along with the copy of compromise I.ANo.1 of2024 memo dated 04-11-2024 filed in HIGH COURT DATED;24/01/2025 ORDER I.A No.1 of 2024 in/and CMA.No.94 of 2019 g 0 6 MAR 2075 II Current Section ^ 'll ★ ALLOWING THE I.A NO.1 OF 2024 AND CLOSING THE CIVIL MISCELLANEOUS APPEAL IN THE HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI C.M.A.No. 94 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.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.95/2019, 100/2019, 103/2019, 117/2019, ■97/2019, 98/2019, 93/2019, 104/2019, 96/2019, 127/2019, 105/2019, 123/2019, 102/2019, 99/2019, 86/2019, 126/2019, 106/2019, 101/2019 the Appellant and the Respondent settled the matter Respondent received in ' all a sum of 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 Sank Ltd., Enikepadu Branch. In full and final settlement of all the claims in the above C.M.A. and in the said , outside the court and the <-Of SHRIRAM RNANCEUMll 1/ >- // . ^ , A-At T m x CY ( TATm a c C.M.As referred to MOU dated 6th Jan 2024 above. In this regard the parties had also entered intern §7 fi 2. The letter dt,30-06-2024 & the MOU acknowledging ,he said settiement and the ,Rs.3,50,00.000/- (Rupees Three C settlement Dt.06-01-2024 of the Respondent receipt of the said amount of °rily) in full and final - Lrores Fifty Lakhs is filed along with this Memo as stated above i of Compromise. 3- in view of the above Court to dispose of without any orders to deemed fit in the ci the Appellant and the the above Appeal Respondent pray this Hon’ble -n terms of this Compromise Memo costs. And pass such other order or orders as may be circumstances of the case. VIJAYAWADA, DT. (KESINENI SRI.NIVAS) appellant No.1 (TATINENI RAIWBABU) appellant No.2 For SHRIRAM FINANCE LIMITED signatory Sr rr«dit RAO) ' M/fsh Signatory A/I/s.Shriram Finance Limited Respondent FOR COUNSEL FOR RESPONDENT