The Indian Oil Corporation Limited vs. Bolla Srikanth

AS/186/2020HC Andhra PradeshGSTCNR APHC01007217202011 March 2022Bench: D.V.S.S.SOMAYAJULU3 pages
AI SummaryRemanded

Held

The Court noted that both learned counsels, along with the parties, were present and submitted that the matter had been settled between them. Consequently, no specific orders were deemed necessary beyond recording the settlement. The parties present confirmed their agreement to the compromise terms, which were reduced to writing in a memorandum of compromise. The key terms of the settlement included the appellant's agreement to pay Rs. 78,99,000/- as damages to the respondent within one month, and the respondent's agreement to forgo interest charges of 18% on this amount. Furthermore, the respondent agreed to lease property to IOCL from January 1, 2020, to December 31, 2034, at a monthly rent of Rs. 74,000/- (excluding GST), with a 10% increase every three years, and to accept a monthly rent of Rs. 50,600/- from March 30, 2014, to December 31, 2019. The appeal suit was closed with the consent of both parties. The court fee paid was ordered to be refunded upon an appropriate application.

Facts

This matter pertains to an appeal filed by the Indian Oil Corporation Limited (IOCL) and its officials against Bolla Srikanth. The parties appeared before the National Lok Adalat and submitted that they had settled the dispute. The settlement involved IOCL agreeing to pay damages of Rs. 78,99,000/- to the respondent within one month of receiving the order. The respondent, in turn, agreed to forego interest charges of 18% on this amount. Additionally, the respondent agreed to execute a lease in favour of IOCL from January 1, 2020, to December 31, 2034, at a monthly rental of Rs. 74,000/- (excluding GST), with a 10% enhancement every three years. The respondent also agreed to accept a monthly rental of Rs. 50,600/- from March 30, 2014, to December 31, 2019.

Key Issues

1. Whether the parties have reached a valid and binding compromise settlement regarding the dispute between them, as contemplated under Section 19 of the Legal Services Authorities Act, 1987. Contentions: Appellants (Indian Oil Corporation Limited and officials): Submitted that the matter was settled between the parties and no specific orders are required, except to record the settlement. They confirmed that the parties had entered into a compromise and its terms were reduced into writing by way of a memorandum of compromise, signed by both parties. Respondent (Bolla Srikanth): Confirmed that he had entered into a compromise with the appellants and agreed to the terms outlined in the memorandum of compromise.

AI-generated summary — verify with the full judgment below

BEFORE THE NATIONAL LOK-ADALAT

HIGH COURT OF ANDHRA PRADESH, AMARAVATI, NELAPADU GUNTUR DISTRICT

(Under Section 19 of the Legal Services Authorities Act, 1987 (Central Act))

:QUORUM:

Hon’ble Sri Justice D.V.S.S.Somayajulu Judge, High Court of Andhra Pradesh (Chairman)

Sri K.Ravi Kiran Kumar, Advocate, High Court of Andhra Pradesh (Member)

A.S.No.186 of 2020

Appellants/Defendants : The Indian Oil Corporation Limited, Rep., by its Director (Marketing), Head Office, 9-Ali Yawad Jung Marg, Bandra, Mumbai

2.

The General Manager, Indian Oil Corporation Ltd., A.P.State Office, 3-6-436 to 438, 2nd Floor, Naspur House, Himayat Nagar, Hyderbad-500 029

3.

The Divisional Manager,

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