Md. Mohinuddin vs M/S Shriram City Union Finance Ltd
2023 Latest Caselaw 252 Tel

           THE HON'BLE SRI JUSTICE T. VINOD KUMAR
                             AND
            THE HON'BLE SMT. JUSTICE P.SREE SUDHA

                          I.A.No.1 of 2022
                               in/and
            Civil Miscellaneous Appeal No.847 of 2018

COMMON JUDGMENT:(per PSS,J)


       The present CMA is filed aggrieved by the order dt.25.04.2017

in O.P.(Arbitration) No.211 of 2015 passed by the learned III additional

District Judge, Rangareddy District at L.B.Nagar, in confirming the

Award of the learned Arbitrator dt.12.07.2014 passed in Arbitration

Case No.380 of 2012.


2.     Heard learned counsel for the appellants and learned counsel

appearing for the 1st respondent and perused the record.

3. Initially, pursuant to the direction of this Court in I.A.No.1 of 2018 in

C.M.A.No.847 of 2018 dt.29.08.2018 for deposit of 50% of the awarded

amount to the credit of A.O.P.No.211 of 2015 before the learned III

Additional District Judge, Ranga Reddy District at L.B.Nagar, the appellants

have deposited a sum of Rs.5,12,603/- before the Court below on 01.01.2018

and after that, the appellants have paid a sum of Rs.3,42,397.50 to the

1st respondent. In view of the payment of above amount, both the parties

have amicably settled the matter and the same was reduced into writing, vide

Joint Compromise Memo dt.11.06.2022.

4. In that regard, I.A.No.1 of 2022 is filed seeking to dispose of the CMA

in terms of the compromise entered into between the parties, enclosing

therewith, the said Joint Memorandum of Compromise.

5. Today, both the parties are present in person before this Court and

they have been identified by their respective counsel.

6. The terms of Compromise arrived at by both the parties are that the

appellants have agreed to pay a total sum of Rs.8,55,000/- to the

1st respondent towards full and final settlement; that out of the said amount,

Rs.5,12,602.50 was already deposited by the appellants before the Court

below; that the balance sum of Rs.3,42,397.50 was received by the

1st respondent; that the 1st respondent is entitled to withdraw the said sum of

Rs.5,12,602.50 with accrued interest from the Court below; and that the

1st respondent has no further claim from the appellants and accordingly,

prays for disposal of the CMA in terms thereof.

7. In view of the above, I.A.No.1 of 2022 is allowed and consequently,

the CMA is disposed of in terms of the compromise.

8. Pending miscellaneous petitions, if any, shall stand closed in the light

of this final order. No order as to costs.

__________________ T. VINOD KUMAR, J

Date:19.01.2023 ________________ P.SREE SUDHA, J GJ

THE HON'BLE SRI JUSTICE T. VINOD KUMAR AND THE HON'BLE SMT. JUSTICE P.SREE SUDHA

I.A.No.1 of 2022 in/and Civil Miscellaneous Appeal No.847 of 2018 (per Hon'ble Smt. Justice P.Sree Sudha)

19.01.2023

GJ