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 niVIL MISCELLANEOUS APPEAL NO: 102 OF 2019 Under Section 37(1 )(c) of the Arbitration and Conciliation Act, orders aggrieved by the order of the learned II Additional Appeal 1996, against District Judge, Vijayawada in Arb. O.P. No. 176/2016 dated 12-12-2018. Between: S/o. Ramaswamy, aged 53 years, R/o.48-16- 1. Sri Kesineni Srinivas 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), (R.2 is not necessary party in this appeal.) ...Respondents IA 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. 133 of 2014 as confirmed by the II Addl. District Judge, Vijayawada in Arb. O.P. No. 176/2016 dated 12-12-2018 pending disposal of above CMA. lA NO: 1 OF 2021 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 vacate the interim order 12.04.2019 made in lA No. 1 of 2019 in CMA No. 102 of 2019. lA NO: 1 OF 2024 Between: 1. 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. 2. Sri Tatineni Rambabu, R/o. Flat No. 514, RK Towers, Veternary Colony, Gunadala, Vijayawada, NTR Dist., A.P. ...Petitioners/Appellants AND Finance Limited, (Formerly Shriram Transport Finance Ltd.) Rep. by its Senior Credit Executive /GPA Holder, Mr. Registered Office at Sri Towers, Plot No. 14 A, South Industrial Estate Guindy, Chennai-600032, Tamil Nadu State. 1. M/s Shriram %% Company Y.Koteswar rao, Phase, 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 the circumstances stated in the affidavit fiied 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: SMT. C. SINDHU KUMARI Counsel for the Respondents: SRI O. UDAYA KUMAR Petition The Court made the following: [3494] high court of ANDHRA PRADESH at ANIARAVATI (Special Original Jurisdiction) FRIDAY THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE IN THE APHC010071522019 JUSTICE NINALA JAYASURYA AND JUSTICE SUNIATHI JAGADANI \ A Mn.1 of 202^ IN/AND |UiiQr.FLLAN^<^H^ APPEAL the honourable SRI the honourable SNIT Mr^102 of 2019 CIVIL Gunadala, Vijayawada. ...Appellants AND M,s Shrlram by its rRa"ra-:0Yea.^ Complex, Vijayawada. 2 Justice Sri YVenkatachalam (^btetor) (R2 is not necessary party m the Appeal) 1 Dhoom ...Respondents Counsel for the Appellants; I.CSINDHUKUMARI Counsel for the Respondent; 1.0 UDAYA KUMAR The Court made the following ORDER: (per NJS,J) filed assailing the Order dated 12.12.2018 Arb.O.P.No.176 of 2016 delivered by the Learned Arbitrator/ This appeal is dismissing 2""^ respondent, on various grounds. l A No.l 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 between them, by stating that the respondent No.2 is not a entered into 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 identified by their respective counsel, are present before this Court and specifically asked, both the parties confirmed the appellants of the terms of compromise recorded in the 4. are on being paid the amounts in terms memorandum dated 04.11.2024, which Is appended to the application. As the parties voluntarily settled the dispute amicably and the terms and reduced Into writing by way of a compromise memo, this conditions are Court is inclined to No.1 of 2024 is allowed. record the terms of compromise, and accordingly I.A. t^MI MISCELLANEOUS APPFAL No.102 of 2019: 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. In view 3 of the compromise memo to Registry is directed to annex a copy this judgment. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The II Additional District Judge, Vijayawada. 2. One CC to M/s. 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 at Amaravathi. 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 HIGH COURT DATED; 24/01/2025 ORDER l.A.No.1 of 2024 IN/AND CMA.No.102 of 2019 * 0 5 MAR 7m o Co, . Curreni oecuoii ^ !^:s£eSPATC\^^^ CLOSING THE C.M.A. AND ALLOWING THE I.A.No.1 of 2024 \ HIGH COURT OF ANDHRA PRADESH;.AT AMARAVATl of 2019 IN THE 102 C.MANo. 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, 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 k -r.' the connected C.M.A Nos.93/2019, 99/2019, 104/2019, 95/2019. 98/2019, 86/2019, 126/2019, 1. In the above C.M.A. and in 1'lf;^f9;'‘^/2bl9, 97/2019, 94/2019 103/2019, 127/2019, 106/2019, 100/2019 the 105/2019. 123/2019, 101/2019 Appellant and the Respondent settled the matter sum of Respondent received in all a Crores and Fifty Lakhs only), by way of outside the court and the Rs.3,50,00,000/- (Rupees Three cheque bearing No.072484 Indian Bank, Mogalrajpuram Branch and by Cheque No-000782 Dated.29-06- ICICI Bank Ltd., Enikepadu Branch. In full Dated.06-01-2024 for Rs.50,00,000/- drawn on 2024 Rs.3,00,00,000/-, drawn on and final settlement of all the claims in the above V- (7, ( L /■ c AT' (I 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. VIJAYAWADA, DT. -09-2024 (KESINENI SRINIVAS) APPELLANT No.1 (TATINENI RAMBABU) APPELLANT No.2 For SMRIRAM FINANCE LIMITED (Authorised Signatory (Y.KOTESWARA RAO) Sr.Credit Execuitive/Authorized Signatory M/s.Shriram Finance Limited Respondent £ SECTOR APPELLANTS COUNSEL FOR RESPONDENT