✦ High Court of India · 08 Sep 2025

Now thercforc. in crnsideration of tr.re mutual covcn. s. obrisarions and vs Appellant,/ l)cfendant No.l or its subsidiarie

Case Details High Court of India · 08 Sep 2025
Court
High Court of India
Decided
08 Sep 2025
Length
5,194 words

The Principal Special Court in the Cadre of District Judge for Trial and olsposir of Comirercial Disputes, At Hyderabad' One CC to Sri -!-. Sanjay Rao, Advocate [OPUC] One CC to Sri Vivek Jain, Advocate [OPUC] Two CD Copies - --*--*.*"r'ltry-{"1*t*9{-* i l I HIGH COURT DATED: 0110912025 JUDGMENT+DECREE COMCA.No.6 of 2025 ",.":, ?lr lr*) '.' r.;r ,', ...' \=-1"f, DISPOSING OF COMCA WITHOUT COSTS ^'i,; . .,it'iri,i\,.. u,* * i-, ,:i .,' \. ,r,l .t, ,) -"''1' .-a. : (? BETWEEN: IN THE HIGH COURT OF JUDICATURE FOR THE STATE OF TELANGANA AT:HYDERABAD I.A.NO oF 2025 IN coM.c.A.No.6 0F 2025 M/S ASIA PACIFIC COMMUNICATION ASSOCIAI'ES PzuVATE LIMITED, REP. BY ITS DIRF,CTORS HAVINQ Nrttetr*rhrlr, 140 K'.Y{"Gt(.,rutlrr4-i OFFICEAT FLAT NO.2(]5, A-13, KAILASH COLONY NEW DELHI ,..APPELLANT AND 1 2 J 4 M/S PIIOTON E,NERGY SYSTEMS I-IMITED REP. BY ITS CE.O AND EXECU']]IVE DIRECTOR GOWTHAM KUMAR NAI-AMADA. HAVING ITS OFFICE AI PLO'| NO, 775-K, ROAD NO.45 JUBILDE I{ILLS,IJYDERABAD ...RESPONDENTNO.l NIKESH SINHA S/O KAMLESH KUMAR SINHA DIRECTOR OF M/S ASIA PACIITIC COMMTINICATION A SSOCIATE S PRIVATE LIMITED. PROFORMA RESPONDENT NO. 2 ANIKENDRANATH SEN S/O NRIPENDRA PRASANNA SI]N DIRECTOR OF M/S ASIAPACIIIIC COMMTINICATION ASSOCIATES PRIVATE LIMITED PROFORMA RESPONDENT NO. 3 DILEEPPADGAONKAR S/O V.G. PADCAONKAR DIREC'|OR OF M/S ASIAPACIFIC COMMUNICATION ASSOCIAIES PRIVATE LIMITED ...l,RoFo RESPONDENTNO.4 (The respondents 2 to 4 are pr them) oforma patties **+*++*+** ForAsia Pailic Communication Associa tes Pl,t. LId Direclor t t -2 MEMOOF COMPROMISI] The Appellant and the Responde nt No.l herein heg ro submit theii compromise petition as follorvs: l. The Respondenl No.l. plainrilt lral tjled a Civil Su r hearing C.O.S. No. 222-of 2017 titLed " M/s Photon Energy riystems pvt. Ltd. ve,strs rur/s Asia pactfic communicatio,n Associates and others" in the court of cl ic1'Judge, city civil couft at Hyderabad, claiming that it hacl, pursuant to an i.vitation from the Second Party, invested an amount of Rs.2,0 0,00,000/_ (Rupccs Tr.vo Crores only) carrying an interest of 24 perccnt per annunl \vith the Seconcl party. The Appellant/ Defendant No.1 flled its written statement an( conlested the ci'il. Suit on the gro,nd that rhe amount of Rs.2,00,00.000/- r.r,as paid as a,,Security,, by the ResporLdent No. 1/ i']laintiff in relation to the f PC contract dated

30.06.2011 exer:utcd bctween ApcA power pvt. LLd. (a subs icliary. of the Second Parfy) and the R-espondent No. r/ plainrilTfbr setting up of a :iMW Sotar pv plant at Gu jarat, lndilr. I ) 1 I i I

2. The civil Suit was decreed by the principal court in thc cadre of District Judge for Trial ancl Disposal of Commerciar Disputes, at l-r1 derabad (,,Ld. Trial court") by Judgment and Decree dated 10.01 .2024, whereby. .he I-d. Trial court decreed the Civil Suit in favor of the Respondent amount of Rs.2,t10,00,000/- (Rupees Two Cro Bali'ti awardi ng an t the rate ForAsia Pacific Comrunicatiori As s Pvi. Ltd Direclor d* "\d .} C No r c * 7 t^l a, o -3 of 12 percent per annum from 0 L06.2012 till the filing of Civil Suit i.e.,

29.05.2015' and interest at the rate of 6 percent per annum from the date of filing of thc suit titl the date of realization, along rvith costs of Rs.11,50,4341-.

3. The Appellant/ Defendant No. I assaited the Trial Court Judgement in Commercial Court Appeal No.6 of 2025 tilled " M/s Asia Pacific Communication Associales Versus luI/s Photon Energy Systems Pvt. Ltd. and Others" ("Appeal") in the lligh couft of Judicature firl the State of '['clangana: at Hyderabad (''Appcllate Court"). By an Ordcr dated 04.03.2025 in the Appeal, the Hon'ble I Iigh Court had stayed thc operation of the 'lrial Court Judgment, subject to the Appellant/ Defendant No.l depositing a sum of Rs.3,00,00,000/- with the Ld. 'l'rial Court, before or by 04.04.2025.

4. In compliance of the directions passcd by the l{on'ble High Court in Order dated 04.03.2025, the Appellanrl Defcrrdant No.1 deposited Rs.3,00,00,000/- (Rupces Three Crores onty) by u'ay of a Dcnrand Dralt bearing No.508967 dated 2'1 .03.2025 drawn on ICICI Bank in favor of the "Principat SPL. Court in the Cadre of District Judge for Trial of Cornmercial Disputes, Hyderabad", on 0t .04.2025.

5. By an Order dated 07.04.2025 passcd in Court granted liberly to the Respondent No.1/ . ForAsia Pacifc Communication Associates pv,l. Ltd 0i14rl6; on'ble High 4 a "., .+!r ::. ,i*"! l, Rs.2,1 1,50,434l-, rahich inclurles.the sum of Rs.11,50,434l -+- -: llw Trial Court tou'ards cosLs, in lirvor of the Respondent No.li I,lainti 6 The ResJronde.t N.. r / plaintiff accordingry filerr a. A p;-rrication befor Ld Executing oourt scekirg rvithdrarvar orthe surn of Rs.2.l r .50,434r-,in temrs of the liberty granted b1, thc I lon,ble IJigh Cour{.. Thc amo,r { .lRs.2,11,50.434l_ has been releascd to tltc F irst I)arty. 7 l)urilg the pende.cy of the Appeal, the partics havr .rutua[y agreed to settlc all disput:s, clairrs- difrcrcrccs, ctc. bet*,ee. the, arrl rnutually rereasc each other from an' claims, crucs, dema,ds etc., ofany rvhatsoe'er subject ^aturt to the terms and conditions mentioned herein under lhis Acrr:cnrent.

8. 'fhe details of the Jitigations pcnding betrveen thc I)artics as ', the date ol cxecution of the prescnt Conrpromise arc laid dor.vn in Schcc Lrle _ L Now thercforc. in crnsideration of tr.re mutual covcn. s. obrisarions and understanding se t forth in this compromise, the partics agrec ls fbllr)rvs The Appellant/ Defcndant No.1 has agreed to pav, :rnd thc Respondent No.1/ F'laintiff has agreed to acbept a sum of Rs.2.1.5.00,000/_ towards full and final settlernent of all its dues, claims, dtnrlnrls against thc Appellant,/ l)cfendant No.l or its subsidiarie sum of Rs.2,75,00,000/- shall be paid ForAsia Facrfic eommunicaticn Associales pvt. Lld, Diretfor The + t"i ..1. .t, \* \. Yt (' L) o N r E s 1 6 5 to the Respondent No.l/ PlaintilT by the Appellant/ Defendant No.1 in the fo[lowing manner a. The Respondent No.1i Plaintiff acknowledges that the Appellant/ Defendant No.1 has already deposited a sum ofRs.3,00,00,000/- (Rupees Three Crores only) with the Ld: Trial Court, in tenns of the directions passed by tlre Hon'blc I-Iigh Court in its Order dated04.03.2025. b. 'l'he Respondent No.l/ Ptaintilf lurther acknor,vledgcs that a sum of Rs.2,l 1,50,434l- (l{upees -lwo Crores l:.leven Lakhs F ifty Thousand Four Hundred and Thirty Four only) has been released to it by the Ld. Trial Court from the amount already deposited by the Appettant/ Defendant No.1, in terms of the Order dated 01 .04.2025 passed by thc Hon'ble High Court. c Accordingly, the balancc sutn of Rs.63,49,5661- (Rupees Sixty Three Lakhs Forty Nine Thousand F ivc Ilundred Sixtl -Six only) shall be released to the Respondent No.l/ Plaintilf by the Ld. 'lrial Court, lrom the amount already lying deposited with it, within 15 days of the disposal of the Appeal in terms of the present compromise d. The Appellant/ Defendant No.l shall be enti amount of Rs.25, 00,000/- within 15 da ls'wii" A ive the balance N€o eAppeal i a. l. o) terms of the present Settlement Agr Asra Pacific Communication Associates Pvt Ltd Foi * ) An'; e C r-11-i i.l S eR 6 i) t, 5!rjf, t4 e C! i] Yai 12 05.203C liiq{ll]r FLJ 6- The Appellantr Delendant No.l shall also be entitl :cl to f Appli<:ation belorc the Hon'ble High court for rerirnd of thc court Fecs paid bv it tbr thc lnstrtution of the Appeal an appropriate .ile f Notrvithstartrin.q thc above. both pa.ti", u.kno*l.dscs that apart from the prescnt di.sputes. they have,o other claim, dema,d cr dues pendi,g against each other or anv of its subsidiaries, representatives t_tc. g. 1-.e l)ar_ics lurthcr agree that they will not raise any r iai,, clemand against cach o{her .r' its subsicliarics, arising out of or iu rclatio, to thc lll,(l Contract datc(l -10.06.201I or the present transaction. _,\ll tlisputes arisi,g out of or in rclation to the EI,C Contract shall stand r.xtrnguished post the cxecution ol' the present compromise h Thc Parti':s rnurua'y agree that thel'wi, diligently ercrt their bcsl errorts tou,ards .wilhdrari al ol. the Appeal and the Exec ution procecclinus including bur not Iimitecl ro rhe Appeal pending befbr-.Lhe [{on.ble I{igh Court of I clanqana. In rhis regard, rhc parties agree th ir rhey shall_jointly file an Applicarion lbr relcrring the parties Lo,.Lok Ac/,,1,rr., Ibr passing of an award in terrns ol- the present compromise. u. l'he parties mutuaily agree that, to e compromise, they will joinrly parr ForAsia Pacific Communicalion Associ Pvl. Ltd 0irill tive e xecution of this n s. This includes o N I L o ) swa q. -7 - presenting thcmsclves, acknowledging the settlement statement, initiating withdrawal procedures, and filing any required applications, affidavits, undertakings, or No Objection Certificates (NtlCs) for the withdrawal of Appeal, and the pending llxeoution proceedings. t The Parties additionally statos lhat no other legal action has been initiated by the Paftes against each other, subsidiarics or thcir represen tatives. In the event that any such proccedings are discovcrcd to bc pcnding. thcy shall bc dccmed to bc rvithdrawn as of the date of signing oltlris compromise IV Notrvithstanding anything containcd in this compromisc, alter cxccution of thc same, ncithcr Party shall fite any law,suit or complaint or assist in colrmenocment of any legal aclion whatsocver against the othcr Party or any of its subsidiarics, roprcsentatives before any authority, court or forum in rclation to the EPC Contract dated 30.06.2011 or the present transaction v. The Parties confirm that they have arrived at this compromise mutually, voluntarily and out of their own free will and without any pressure or coercion on either of them from the other Party or from any third Party. The terms of this compromise shall prevail over all other Deeds/settlem arrived at between the Parties at any time ether written or oral AR ForAsia Paci{lc Communication Associates Plt Ltd '1{ t Dire.i0i \,t\t'a\a . [e'N ."i,t'r0 '," Dat? iJ 5 2c3t o o N - ^l +.. -ti - vi. The temrs ol'thrs compromise constitute the entire urrdcrstanding between the Parties and supersedes alr prior agrecmcnts and undersrrr,.lings pertaining to the subject maltcr ltcrco f. vlll. No modification of this Agreemcnt sha be valid rrrrcss in writins and signed by both thc l)artics tx. 'fhe partics shall bcar thcir ou,n c.sts and shall in nc * ay responsibre ror the costs of oth,:r party in any proccedings it is theref.rc Irra)rcd that this,on'blc Court may be plc rscd r, pass a Decrce in terms of conrpro,rise and pass such any other order or or rrcrs ,s this Hon'ble Court may be dr:cntcd lit an<i proper. ForAsta pacificComnrunicationAssociates pl,t. Lld COIJN FOt.I APPELLANT CO L \al./? Dr' .-t Fi!-10 hr'! IISPONDENTNO.i ,nCf,Y 1ctll l ldsarfjt 5rr"rrnJd Fll €!*e dep t T.1' -!''r ir': Direclor APPEI-LAN f + o RESI'O ENTNO o TJ - s o q, -.i ?;tc8ce P\R * + { ,'-('J\ ' LJ &TtrffisT'ffidj "f/..--- NC]1;:.fi.'f PlrBlg6 €\/-r..oFeqs.rA 2 I AUG 20?5 € IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE JUSTICE MOUSHUMI BHATTACHARYA ANO THE HONOURABLE SRI JUSTICE GADI PRAVEEN KUMAR COMMERCIAL COURT APPEAL NO: 6 OF 2025 Between: M/s. Asia Pacific Communication Associates Private Limited,, Having Office At Flat No.205, A-13, Kailash Colony New Delhi Rep. By lts Director Nikesh Sinha S/o. Kamlesh Kumar Sinha ...APPELLANT/DEFENDANT No. 1 AND '1. M/s. Photon Energy Systems Limited, Rep. By its CEO and Executive Director GoMham Kumar Nalamada, Having lts Office At Plot No.775-K, Road No.45 Jubilee Hills, Hyderabad.

2. Nikesh Sinha S/o. Kamlesh Kumar Sinha, Director of M/s. Asia Pacific Communication Associates Private Limited.

3. Anikendra Nath Sen S/o Nripendra Prasanna Sen, Director of lv'!/s. Asia Pacific Communication Associates Private Limited.

4. Dileep Padgaonkar S/o. V.G. Padgaonkar, Director of IVI/s. Asia Pacific Communication Associates Private Limited. ...RESPONDENTS Appeal filed under Section 13 of Commercial Courts Act against the Judgment and Decree dated 10-01-2024 in C.O.S.NO. 222 of 2017 on the file of the Court of the Principal Special Court in the Cadre of District Judge for Trial and Disposal of Commercial Disputes, At Hyderabad. This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Court below and the material papers in the case and upon hearing the arguments of Sri T. Sanjay Rao, Advocate for the appellant and Sri Vivek Jain, Advocate for the Respondent No. 1. This Court doth Order and Decree as follows 'l . That the C;OMCA No. 6 of 2025 be and hereby is di;posed of in terms of compromise;

2. fhal the Appellant/Defendant No.1 has agreed tc pay, and the Responderrt No 1/ Plaintiff has agreed to accept a sutr of Rs.2,75,00,000/- towards full and final settlement of all its dues, clairns, demands against the Appellant/Defendant No.1 or its subsidiaries surr of Rs.2,75,00,000/- shall be paid to the Respondent No.1/ Plaintiff by ihe Appellant/ Defendant No.1 in the following manner; a The Respondent No.1/ Plaintiff ackrowledges that the Appellant/Defendant No. t has already rieposited a sum of Rs.3,00,00,000/- (Rupees Three Crores orly) with the Ld. Trial Court, in terms of the directions passed by the Hon'ble High Court in its Order dated 04.03.2025; b The Respondent No.1/ Plaintiff further acknowledges that a sum of Rs.2,'1 1 ,50,4341- (Rupees Two 0rores Eleven Lakhs Fifty Thousand Four Hundred and Thirty Four only) has been released to it by the L.d. Trial Court fron the amount already deposited by the Appellant/ Defendant lr o 1, in terms of the Orderdated 07.04.2025 passed bythe Hon'ble High Court; c d e f Accordingly, the balance sum of Rs.63,49,566/- (Rupees Sixty Three Lakhs Forty Nine Thousand Five Hr- ndred Sixty-Six only) shall be released to the Respondent No. 1/ Plaintiff by the L.d. Trial Court, from the amount already lying deposited with it, within '15 days of the disposal of the Appeal in terms of the present compromise; The Appellant/ Defendant No.1 shall be entitled to receive the balance amount of Rs.25,00,0001 with n 15 terms of the present Settlement Agreement; The AppellanVDefendant No.1 shall also be entitled to file an appropriate Application before the Hon'ble High Court for refund of the Court Fees paid by it for the institution of the Appeal; Notwithstanding the above, both parties acknowledges that apart from the present disputes, they have no other claim, demand or dues pending against each other or any of its subsidiaries, representatives etc; s h The Parties further agree that they will not raise any claim, demand against each other or its subsidiaries, arising out of or in relation to the EPC Contract dated 30.06.2011 or the present transaction. All disputes arising out of or in relation to the EPC Contract shall stand extinguished post the execution of the present compromise; The Pa(ies mutually agree that they will diligently exert their best efforts towards withdrawal of the Appeal and the Execution proceedings. including but not limited to the Appeal pending before the Hon'ble High Court of Telangana. ln this regard, the Parties agree that they shall jointly file an Application for referring the Parties to "Lok Adalat" for passing of an award in terms of the present compromise; ii. That the Parties mutually agree that, to ensure the effective execution of this compromise, they will jointly participate in the in the necessary action, This includes presenting themselves, acknowledging the settlement statement, initiating withdrawal procedures, and filing any required applications, affidavits, undertakings, or No Objection Certificates (NOCs) for the withdrawal of Appeal, and the pending Execution proceedings; iii. That the Parties additionally states that no other legal action has been initiated by the Partes against each other, subsidiaries or their rep resentatives. ln the event that any such proceedings are discovered to be pending, they shall be deemed to be withdrawn as of the date of signing of this compromise; iv. That Notwithstanding anything contained in this compromise, after execution of the same, neither Party shall file any lawsuit or complaint or assist in commencement of any legal action whatsoever against the other Party or any of its subsidiaries, representatives before any authority, court or forum in relation to the EPC Contract dated 30.06.2011 or the present transaction; v. That the Parties confirm that they have arrived at this compromise mutually, voluntarily and out of their own free will and without any pressure or coercion on either of them from the other Party or from any third Party. The terms of this compromise shall prevail over all other Deeds/settlements whether written or oral arrived at between the Parties at any time; vi. That the terms of this compromise constitute the entire understanding between the Parties and supersedes all prior agreements and understandings pertaining to the subject matter hereof; // viii. That No modification of this Agreement shall be valid unless in writing and signed by both the Parties; ix. That the parties shall bear their own costs tnd shall in no way responsible for the costs of other party in any proceedings, and

3. That there shall be no order as to costs in this appeal. Sd/- K. SRINIVASA RAO \.roirur neeisrCnn //TRUE COPYII !ecrtoN oFFrcER To,

1. The Princlpal Special Court in the Cadre of Distric. Judge for Trial and Disposal of Commercial Disputes, At Hyderabad.

2. Two CD Copies (Along with a copy of Memo of Compromise) VII/PSt, q- HIGH COURT DATED: 0110912025 DECREE COMCA.No.6 of 2025 DISPOSING OF COMCA WITHOUT COSTS L BETWF,EN IN THE, HIGH COURT OF JUDICATURE FOR THE STATE OF TELANGANA AI: HYDERABAD I LA.NO: / IN COM.C.A.NO: 6 OF 2025 OF 2025 M/S ASIA PACIFIC COMMLINICATION ASSOCIATES PzuvArE LIMITED, REP. BY ITS DIRIICTORS IIAVINQ N\\(4r-trvl\e, yio R v\\rxar(',a\. r.y.L OFFICEAT FLAI NO.2O5, A-13, KAILASH COLONY NEW DELHI ..APPELLANI' ANID M/S I'HOTON ENERGY SYSTDMS LIMITED REP. BY ITS CEO AND EXI,CU'|IVE DIRE,CTOR GOWTHAM KUMAR NALAMADA, HAVING ITS OFFICE AT PLOT NO. 775-K, ROAD NO.45 JUBILEE HILLS,I{YDERABAD .RESPONDENTNO.I N]KESH SINIIA S/O I(AMLESII KUMAR SINHA DIRECTOR OF M/S ASiA PACII]IC COMMLINICATION AS SOCIATES PRIVATE LIN,II'f ED. PROFORMA RESPONDENT NO. 2 ANIKENDRANATH SEN S/O NRIPENDRA PRASANNA SEN DIRECTOR OF M/S ASIA PACIITIC COMMLTNICA|ION ASSOCIATES PRIVATE LIMITED PROFORMA RESPONDENT NO, 3 DILEEP PADGAONKAR S/O V.G. PADGAONKAR DIRECTOR OF M/S ASIA PACII'IC COMMUNICATION ASSOCIATES PRIVATE LIMITED PROFO RESPO NDENTNO.4 2 J 4 (The r them) espondents 2 lo 4 are proforma parties *****++*+* For Asia Paciiic Communication R f aimed again I s Pvt Ltd Direli:i + T. o ME O OF C-OMPROMISF, rhe ApJrellant and the Respondent No.l herein rreg to submit their compromise petition as lollows:

1. ]'he Respondent No.1/ plaintiff had filed a Civit Suir bearing C.o.S. No. 222 of 2017 tiLl:d "M/s Photon Energy systems pvt. Ltd. ve,.sus M/s Asia pacifc Comruunicatior; A.ssociate.s and others" in the court of chier Judge, city civir court at I lyderabacl, clairning that it had, pllrsllant to an iu'itation Ii-om the Second Par1y, irr'est_ed an amount of Rs.2,00,00,000/_ (Rupr.es Tu,o Crorcs only) carrying an intcrest of 24 percent per annum wift the Sccond party. The Appellant/ DetLndmrt No. r flled its written statement ano co,tested rhe civil Suit on the ground that ttre amount of Rs.2,00,00,000/- was paid as a ,,Security,, by the Respondent No.1/ Plaintiff in relation to the L I,c contract datecl

30.06.2011 executcd berrveen ApcA powe r pvt. Ltd. (asubsic[ary of the Seconcl Party) and the R':spondent No.1/ praintiff for setting up of a 5 N,f w Solar pv plar-rt at Guj arat, India.

2. The civil Suit was decreed by the principal courl in the cadre of DistricL Judge for Trial and Disposat of commerciat Dispures, at H1 derabad (.,Ld. Trial court") by Judgrnent and Decree dated 10.01.2024, whereby. the Ld. Trial courr decreed the Civi I Suit in favor of the Respondent Fryai\fti warding an amount of Rs.2,it0,00,000/- (Rupees Two Cro ForAsia Pacific Comm rnrcai or A tes Pvr. Ltd Director G,i !d t the rate o N r q c st,l C -3 of 12 percent per annum from 01.06.2012 rill the filing of civil suit i.e., 29 05.2015; and interest at the rate of6 percent pcr annum from the date of filing of the suittill the date of realization, along with costs of Rs.1 1, 50,41.41-.

3. The Appellant/ Defendant No. I assailed the Trial Court Judgement in Commercial CourtAppeal No.6 of 2025 tttled,,M/s Asia pacific Communication Associates Versus M/s Photon Energy Systems pvt. Ltd. and Others.' (..Appeal,,) in the High court of Judicature for the State of Telangana: at Hyderabad (''Appellate Court"). By an Order dared 04.03.2025 in ttre Appeai, the IJon.ble High court had staved the operation of the Trial court Judgment, subject to the Appellant/ Defendanr No.1 depositing a sum of Rs.3,00,00,000/- with the I_d. Trial Court, before or by 04.04.2025.

4. In compliance of the directions passed by the Hon'ble High courl in order dated 04.03.2025, the Appellant/ Defe^dant No.1 deposited Rs.3,00,00,000/_ (Rupees Three crores only) by way of a l)emand Draft bearing No.50g967 dated

27.03.2025 drawn on ICICI Bank in favor of the "principal SpL. courl in the cadre of Distiicr Judge for Triat of commerciar Disputes, Hyderabad,', on 0 t .01 .2025 . 5 By an Order dated 07 .04.2025 passed in Court granted liberf to the RespondentNo.l/ Foi' Asia Paciiic Communiration Associaies pl/t, LId fi;r1i41 u \ a) \/'{' on'ble High a\1o o t, Rs.2,11,50,434l-, which includes.the sum of Rs.11,50,434/_. a 'iiial Court towrLrcls costs. in favor of the Respondent No.1/ pl -4- 6 rhe Resprndent No.1/ plaintiff accordingry fired an A.rprication befo Ld Exectrting Cour[ seeking r.vithdrawal of the sum o1]Rs.2, 1,50,4341_,in Ierms of the libcrty granted by tho Hon'blc High court. The amoun. orRs.2,11,50,434l- has been releaseC to the First party. l. During th,: pcr-rdency of the Appeal, the parties have murually agrce d to settle all disputes. claims, ditl-ercnces, etc. between thcm a-rcr mutualry re lease cach other frorn any claims, d,es, demands etc., of any natnre whatsoevcr subject to the terms and conditions mentioned herein under this Agrc ement.

8. The details ol'the litigations pcnding bctween the part es as on the clate of execution of the Lrrescnt Clontpromise are Iaid down in SchddLrle _1. Now therefore. in consideration of the mlltual covenanls, obligations and understanding sei lorth in this compromise, the parties agree as tbllows: I The Appellant/ Defcndant No.1 has agreed to pay, and the Respondent No.1/ Plaintiff has agreed to accept a sum of Rs.2,i 5.00,000/_ towards full ancl final settlement of all its dnes, claims, dr:mrncls against the Appellant/ De fendant No.1 or iis subsidiarie sum of Rs 2.75,00,000/- shall be paid Foi Asia Pacifil Communicaiion Associales pl,l Lld iljiriol' x, '\ .-:li c-a { T * a n i_) o N tr: s 1 4 )- to the Respondenr No.l / plaintiff by the Appellant/ Defendant No.1 in the lbllorving manner a. The Respondent No.1/ Plaintilf acknowlcdges that the Appellant/ Defendant No.i has already deposited a sum of Rs.3,00,00,000/_ (Rupees Three crores only) with the Ld. Trial cour1, in tenns of the directions passed by the LIon'ble High Court in its Order dated 04.03.2025. b. 'l he Ii.espondent No.l/ plaintirT rLrther acknorvledges that a sum of Rs.2,l 1,50,434/- (Rupees -l-wo Crorcs U*.en Lakhs F.ifty Thousand Four Hundred and fhirty Four only) has been rcleased to it by the L,d. Trial Court from the amount already deposited by thc Appellant/ Defendanl No. l, in tenrrs of the order date d 0r .04 .2025 passed by the Hon,ble High court. C Accordingly. rhe balance sum ol Rs.6j,49,566/- (Rupees Sixty Three Lakhs I-'orry Nine Thousand F ive FrLrndred Sixry-Six onry) shall bc rereased to thc Respondent No.l/ plaintiff by the t.d. Trial Court, from the amount already lying deposited with it, wirhin 15 days of the disposal of the Appeal in terms of the present compromise. d. The Appellant/ Defendant No.l shall be en amount of Rs.25,00,000/- within 15 da terms of the present Setrlement Agree ForAsia Pacific Communicatior Associates Pvt Ltd ni rirrf eceive the balance \{o e Appeal i o 'a> 7 n -{ r.. 111 i.sic?.;(i' L'.::+z\e Aii:l:i: 3a! il C'l.rit'' i-l':ihi Reqi iil. i'!il' 'Vaiidli:i taie 12.05.2n3t * G) * I l::t'. k -6- c I'he Appellant/ Deltndant No. I shall also be entitle I to Ule an appropriatc Application before the Hon,blc IIigh Court for ref rnd of the esxlg l;scq paid by it for. the insritution o1.thc Appcal. l Notwithr';tancling the abovc, botrr partics acroor.vledges that apart from thc prcsent disputes' lhey have no .ther crairn, crema.d or dues pending agai,st each othr:r or any of ils subsidiaries, rel)resen tativ es €rc. g 1-hc parti':s lurther a.qree that rhev r.r,i, not raise any craim, clernancr against curch other or its subsidiarics. x1.l5j11o or-rt ol or in claIion to the LpC contract rratecl 30 06'20 r l or thc pfcscnI transaction. All disputes arisinu or"rt of or it relation to the EpC Contract shall stand e;:tinguished posL thc cxccrrliorr,rf tlrc prescnt (otr;tli)nl isc. h I he Parties nluttrall): a-qree thar rhcy will diligentll, exe rt lheir best cflbrt.s tow'ards u,ithclrai.r al o1- thL_ .,1pr..1 and the Execr Lion proceedings. including but l()r limired ro the Appeal pending belore the Hon,ble High Court ofTe.anqana. In rhis regard, thc partics agree rha_ they shalljointly filc an Application for referring the parties to ,,Lok an award in tcrms of tlte present comprom ise. . Aclarat,, Ior passing of ll. The partics rnr-ttually agree tha compromise, they v,/ill jrtintly particip ForAsia pactiic Communtcaiion Asocia P( lld !t;iilri 1 execution of th is s. Ihis includes L I\ro I s a,11 o -7 presenting themselves, acknowledging the settlement statement, initiating I I I wit.hdrawal procedures, and filing any required applications, affidavits, undertakings, or No Objection Certificates (NOCs) for the withdrawal ofAppeal, an,l the pentling Fxecution proccedings. iii. The Parties additiona y states that no other legar action has been initiated b1' thc Partes against each other, subsidiaries or their representatives. In the event that any such proceeclings are disco'ered to be pending, they shall be deemed to bc * ithdrarvn as of the date of signing ol this compromise. ir" Not'"vithstanding anything contained in this compromise, after execution of the same, neither parry shall fite any lawsuit or complaint or assist in commencemr:nt of any legal action whatsoever against the other party or any of its subsidiaries, reprcsentatives before any authoriry, court or fbrum in relation to the llPC Contract daLed j0.06.201 1 or the presenr transaction. v The Parties confirm that they have arrived at this compromise mutua,y, voluntarily and out of their own free will and without any pressure or coercion on either of them from the other party or from any third party. The terms of this compromise shall prevail over all other Deeds/settlem ether written or oral arrived at beNveen the parties at anv time A,\- FoiAsia Pacrllc Communication Associates P(. Ltd D;ltti,ti \'t\tila J$ 2c !, <; o t! = .). "i :-\ I, -8- vi' The terml; of this compromise constitute the entire r-rnderstanding beLwe the Parlies and s;upersedes alr prior agreements and understr.ndings pertaining to the subject matt:r hereof No modillcation o1- this Agreernent shalr bc varic'r rurress in writing and signed by both the },arties ix. The partios sh:rll [rear [heir orvn costs and shalr in no \\.:ry rcsponsibic for the costs of other par.W in anv proceetlings. It is therefore prayed that this I Ion'ble court may be preaseri to pass a Decree in terms of comorornise and pass such any other order or orlers as this Ho^,bre Court may be deemcd fit and propcr. COLTN ORAPPELI,ANT l\MRg*Y..' TINSEL FOT{ RE CO {,flrvilcrY \*:y-HBr, { i.i n$r1iy '-: - ,:.. -'. ir' ",,' , -.,t.n,.1_ q:k ?.irt t' * - SPONDENT NO.1 -r -.-*i:l h:-.o i' .'' ,'f:1J${v ,'=t,\ r.\s'\t"t\: i:v 5:\€'' ;!i , )t j {,r ForAsia pacrfic Communrcatjon Associates pvt. Ltd Direclor APPELLANT REI]PO ENTNO I I i ffi&t $JTffi[B NOT-; sdTF+r$gd6 GS\'ti eE ff{,st6 2 t Al.lG 20?5

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