IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY FOURTH DAY OF JANUAR^^^ TWO THOUSAND AND TWENTY FIVE Cnij 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: 95 OF 2019 Appeal Under Section 37 (1) C of the Arbitration and Conciliation Aggrieved by the order of the learned II Additional District Act, 1996, Judge, Vijayawada in ARB.O.P.No.164 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: 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 R/o. 48-16- ...Appellants/Petitioners/Respondents AND A 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 '.-I ...Respondent / Claimant / Petitioner ■'' 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.121 of 2014 as confirmed by the II Addl. District Judge, Vijayawada in ARB.O.P.No.164 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- ...Petitioners/Appellants AND 1. M/s Shriram Transport Finance Co. Ltd, (Formerly Shriram Transport Finance Company Limited) Rep. by Credit Executive / GPA Holder, Mr.Y Koteswara Rao Registered Office at Sri towers, Plot No.14A South phase. Industrial Chennai -600032 Tamil Nadu State 2. Justice Sri. Venkatachalam, (Arbitrator) ( R2 is not necessary party In the appeal) its Sr. Estate Guindy ...Respondents/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 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 The Court made the following: v [3494] APHC010071452019 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.95 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.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.164 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. 4. 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 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. are CIVIL MISCELLANEOUS APPEAL No.95 of 2019: 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 X Registry is directed to annex a copy of the compromise memo to this judgment. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The II Additional District Judge, Vijayawada, Krishna District (with records) To, 2, One CC to Smt. C Sindhu Kumari,, 3. One CC to Sri. O Udaya Kumar, Advocate 4. The Section Officer. V R Section, Amaravathi. 5. Three CD Copies Advocate [OPUC] [OPUC] High Court of Andhra Pradesh at PR sree (enclosing the compromise memo) HIGH COURT DATED:24/01/2025 ORDER I.A. N0.1 of 2024 IN/AND C.M.A.N0.95 of 2019 c 0 6 MAR 2075 I ^ . Current Section ^ ALLOWING THE I.A NO; 1 OF 2024 AND CLOSING THE APPEAL AS COMPROMISED IN THE HIGH COURT OF ANDHRA C.M.A.No. PRADESH;:AT AMARAVATI of 2019 95 Between; IKesineni Srinivas S/o.Rama Swamv 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 Tatineni Rambabu Flat No 514, R K Towers Veternary Colony Gunadaia Vijayawada, NTR District AP Appellants And TM/s.Shriram Finance Limited ^SX'iL®Sr" C°"’P^ny Limited) Mr,Y,Krteswa Rao Holder Registered office at Sri Towers South Phase, Industrial Estate’ Guindy Chennai - 600032 Tamil Nadu State 2. Justice Sri Y Venkatachalam (R2 IS not necessary party in this appeal) ... COMPROIVitlSF memo Plot No.14A Respondents T In-the above C.M.A. 103/2019, T17/2019, 127/2019, 105/2019 106/2019, 101/2019 outside the court Rs.3,50,00,000/- and in the connected C.M.A Nos. 97/2 019, 98/2019, 93/2019, 100/2019 96/2019, 94/2019, 104/2019 123/2019, 102/2019 the Appellant and the Respondent and the 99/2019. 86/2019 126/2019, settled the matter Respondent received in all a sum of (Rupees Three Crores and Fifty Lakhs only), by Dated.06-01-2024 for Rs.50 way of cheque bearing No.072484 00,000/- drawn m Branch and by Cheque No.000782 Dated.29-06- ' drawn on iCIC.i Bank Ltd., claims in the above C.M.A Indian Bank, Mogalrajpura 2024 Rs.3,00,00,000/- on Enikepadu Branch. In full and in the said for SHRIRaIV) finance LiMiTEl and final settlement of all the M • Tito.. Uj /V oritMKf S»gnatotv ^ y, /<lorc.r(vr«v ) 2. in the above C.M.A. the petitioners and the respondents compromise the matter and entered into a Memorandum of Compromise, The petitioners and the respondents have signed the said Memorandum of Compromise, The same is filed along with this affidavit. \ 1 3. In the said compromise Memo both parties have prayed that the above appeal may be disposed of in terms of the said compromise memo. If the above appeal is not disposed of in terms of the compromise memo the interest of justice will suffer and parlies will be put to prejudice. 4. It is therefore just and essential that this Hon’ble Court may be pleased to dispose of the above appeal in terms of the enclosed compromised memo and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. \f) vj Solemnly affirmed and ^ned Before me on this the £^'ay of November, 2024 at Amaravati. Advocate, Amaravati Deponent