IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI f FRIDAY, THE TWENTY FOURTH DAY OF JANUARY^ TWO THOUSAND AND TWENTY FIVE IOM J; v\ 1 ~n i 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: 96 OF 2019 CIVIL MISCELLANEOUS APPEAL NO: 96 OF 2019 Appeal Under Sections/ (1) C of the Arbitration and Conciliation Act, 1996, Aggrieved by the order of the learned II Additional District Judge, Vijayawada in ARB.O.P.No.172 of 2016 dated 12.12.2018 the appellants filed this Civil Miscellaneous appeal under sec.37(1 )(c) of the arbitration and conciliation act 1996. Between: R/o. 48-16- 1. Sri Kesineni Srinivas S/o Ramaswamy, aged 53 years 11/3B, Mahanadu Road, Auto Nagar, Vijayawada 2. Sri Tatineni Rambabu S/o Venkata Rao, aged 52 years, R/o Flat No 514, RK.Towers Veternary Colony, Gunadala, Vijayawada ...Appellants/Petltioners/Respondents 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. V. 54-15-5, Dhoom Complex, Vijayawada ...Respondent / Claimant / Petitioner /r 2. Justice Sri. Venkatachalam, (Arbitrator) ( R2 is not necessary party in the 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 20th sep 2016 of the learned sole arbitrator in arbitration Op No 129 of 2014 as confirmed by the II Addl. District Judge, Vijayawada in ARB.O.P.No.172 of 2016 dated 12.12.2018. lA NO: 1 OF 2024 Between: 1. Sri Kesineni Srinivas S/o Ramaswamy, aged 58 years 11/3B, Mahanadu Road, Auto Nagar, Vijayawada 2. Sri Tatineni Rambabu S/o Venkata Rao, R/o Flat No 514, RK.Towers Veternary Colony, Gunadala, Vijayawada R/o. 48-16- ...Appellants/Petitioners/Respondents AND 1. M/s Shriram Transport Finance Co. Ltd, (Formerly Shriram Transport Finance Company Limited) Rep. by its Sr. Credit Executive / GPA Flolder, Mr.Y Koteswara Rao Registered Office at Sri towers, Plot No.14A South phase, Industrial Estate Guindy Chennai -600032 Tamil Nadu State ...Respondent / Claimant / Petitioner 2. Justice Sri. Venkatachalam, (Arbitrator) ( R2 is not necessary party in the appeal) ...Respondents Petition under Order 23 Rule 3 R/W 151 of CPC, praying that in the circumstances stated in the affidavit filed in support of the petition, the Fligh 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 Respondents: SRI O. UDAYA KUMAR The Court made the following: [3494] APHC010071132019 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.96 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. 2. ...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 KUMARl Counsel for the Respondent: 1.0 UDAYA KUMAR The Court made the following ORDER: This appeal is filed assailing the Order dismissing Arb.O.P.No.172 of 2016 2 respondent, on various grounds. LA.No.1 of 2024; 2. This application is filed by the appellants along No. 1/Finance Company seeking entered into between them, by stating that the necessary party. 3. Heard Mr.S.S. Prasad, learned Senior petitioners/appellants. Also heard Mr.O.Uday Kumar the respondent No.1. The appellants as well (per NJS,J) dated 12.12.2018 delivered by the Learned Arbitrator/ with the respondent compromise respondent No.2 is not a to record the terms of Counsel appearing for the . learned counsel for 4. as Mr.Y.Koteswara Rao, Senior Credit Executive/Authorised Signatory of the respondent No.1 identified by their respective on being specifically asked, both the who are counsel, are present before this Court parties confirmed the appellants compromise recorded in the memorandum dated 04.11.2024, which is appended to the appiication As the parties voiuntarily settied the dispute amicably and the terms conditions are reduced into writing by way of a compromise memo this Court IS inciined to record the terms of compromise, and accordingiy IA No.1 of 2024 is allowed. ^ ' and paid the amounts in terms of the terms of and CIVIL MISCELLANEOU.S appeal Nn flfi r.f 9n<c.. 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. 3 Registry is directed to annex a copy of the compromise memo to this judgment. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR ^ St- //TRUE COPY// \ SECTION OFFICER ) 1. The II Additional District Judge, Vijayawada, Krishna District (with records) 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 Amaravathi. 5. Three CD Copies To at PR sree (enclosing the compromise memo) IN THE HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI C.M.A.No. 96 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, RK 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 1. In the above C.M.A. and in the connected C.M.A Nos.93/2019. 100/2019, 103/2019, 117/2019, 97/2019, 98/2019, 94/2019, 104/2019, 95/2019, 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 outside the court and the 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 Bank Ltd., Enikepadu Branch. In full and final settlement of all the claims in the above C.M.A. and in the said SHRIBAM FINANCE UM 1 i 0LX ^ "iii r \ aHthori<»«»d S'anati- l/A-Sl ...:) 2-. ^£5: HIGH COURT DATED:24/01/2025 ORDER I.A. N0.1 of 2024 IN/AND C.M.A.N0.96 of 2019 X 0 6 MAR 2075 ^ . Current Section ^ ALLOWING THE I.A NO; 1 OF 2024 AND CLOSING THE APPEAL AS COMPROMISED Ob and the respondents compromise the Memorandum of Compromise. The petitioners and have signed the said Memorandum of Compromise 2. In the above C.M.A. the petitioners matter and entered into a the respondents same is filed along with this affidavit. The ise Memo both parties have prayed that the above of the said compromise memo. If the memo the In the said compromise appeal may be disposed of in terms above appeal is not disposed of in of justice will suffer and parties will be put to prejudice 3. terms of the compromise interest essential that this Hon’ble Court may be pleased of the enclosed compromised memo this Hon’ble Court may deem fit and 4. It is therefore just and to dispose of the above appeal in termis and pass such other order or orders as proper in the circumstances of the case. Deponent Solemnly affirmed and sjgned Before me on this the^^'Bay of November, 2024 at Amaravati. Advocate, Amaravati