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IN THE COURT OF THE VI ADDITIONAL DISTRICT JUDGE,
RANGA REDDY DISTRICT AT KUKATPALLY
On this the 06th day of May, 2026
PRESENT: Sri. D. Ram Prasada Rao, VI Additional District Judge, R.R.District at Kukatpally
O.S No. 11 of 2023
BETWEEN:
Abid Rasool Khan S/o. Late Abdul Mannan Khan, aged about 62 years, R/o H.No.8-2- 684/3/R, Road no12, Banjara Hills, Hyderabad - 500034.
…...Plaintiff
AND
Boinpally Abhishek R/o. Flat no.1305, B Block, Vamsirams Jyothi Cosmos, White Fields, Kondapur, Telangana -500084. … /Defendant
This suit is coming up before me on this the 04.5.2026, wherein received mediation report, plaintiff is represented by counsel Sri. Mohammed Omer Farroq and the Defendant and upon perusing the material on record as well as mediation report, and the matter having stood over for consideration till this day, this Court made the following:-
O R D E R
1.This suit is filed by the plaintiff for recovery of amount of Rs.1,99,06,000/- from the defendant towards the principal amount and interest at the rate of 12% per annum from 31.03.2022 to 18.11.2022 and to award an interest of 12% on the said due amount from the date of filing of the suit till the date of realisation of the said amount along with costs.
2.The averments of the plaint, in brief, are that :
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The defendant approached the plaintiff for hand loan and accordingly vide letter dt.8.7.2021, the defendant acknowledged that he received an amount of
Rs.78,00,000/- and further the defendant acknowledged through letter dt.12.7.2021 that he received an amount of Rs.1,07,00,000/- from the plaintiff as hand loan. The afore said amounts were transferred by the plaintiff to the defendant account by way of bank transfer.
Plaintiff filed Original letters dated 8.7.2021, dt.12.7.2021 and copy of Bank account statement of plaintiff in support of his case. Further, as per the said letters the defendant is bound to return the entire amount to the plaintiff by 31.3.2022. However, the defendant failed to return the amounts to plaintiff.
3.It is further submitted by the plaintiff that, he got issued a legal notice dt.27.9.2022 to the defendant calling upon the defendant to repay the principal amount within (15) days of receipt of the notice. The defendant deliberately did not accept delivery of the legal notice,which was sent to registered post and the same returned with the endorsement ‘unclaimed’; that the failure of the defendant to return the amount of
Rs.1,85,00,000/- has caused severe financial strain and hardship to the plaintiff and has impacted the business of the plaintiff. Hence, prayed the court to direct the defendant to pay to the plaintiff an amount of Rs.1,99,06,000/- towards the principal amount and interest at the rate of 12% per annum from 31.03.2022 to 18.11.2022 and to award an interest of 12% on the said due amount from the date of filing of the suit till the date of realisation of the said amount along with costs.
4.During the course of proceedings, at the request of both parties, the matter was referred to the mediation center, both parties settled the matter amicably before learned
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mediator Smt T. Yamini Sri on 01.05.2026, and they formulated the terms and conditions of mediation and alternative dispute resolution by virtue of memorandum of agreement under
Section 89 Rule 336 of Civil Procedure Alternative Dispute Resolution and Civil Procedure
Mediation Rules, 2005. Heard both parties and the ld. Plaintiff Counsel, who reported no objection to pass orders, as per the terms of mediator’s report, hence, in view of the representation and circumstances, it has to be seen whether the terms of award which are lawful can be pressed into service.
5.Now, the point for consideration is :
1. Whether the memorandum of agreement arrived before the mediator can be acted upon, if so, to what extent?
2. To what relief ?
6.Point:-
When the matter was referred to mediation center. Both the parties settled the matter amicably. Both parties settled the matter before learned mediator Smt T. Yamini Sri, and both parties have resolved their disputes and agreed to the terms and conditions mentioned in the Annexure-II of Memorandum of Agreement, and the defendant shall repay the amount of Rs.2,48,30,850/- (Rupees two crore forty eight lakhs thirty thousand eight hundred and fifty) to the plaintiff towards full and final settlement of all claims of the plaintiff in relation to the Suit vide O.S.No.11 of 2023 on the file of VI Additional District and
Sessions Judge, Rangareddy District at Kukatpally in the manner mentioned in tabular form
in Annexure-II. As per mediation report it is clear that there is no objection from both sides.
Hence, basing upon the representations of both parties, on hearing the parties, matter was posted for consideration in view of settlement arrived before learned mediator.
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7.As per the report of the learned mediator, the matter was settled by both parties and have agreed to resolve their dispute in accordance with the terms and conditions mentioned under Memorandum of Agreement under sec.89 CPC r/w Rule 336 of Civil Procedure
Alternative Dispute Resolution and Civil Procedure Mediation Rules, 2005 in Annexure II
dated 01-05-2026.
8.In view of the aforesaid agreement entered into between the parties, the parties pray that the case be disposed of, in terms of the aforesaid agreement. Accordingly, in view of the terms of award which are lawful can be acted upon for consideration of present Suit. Hence, the terms of memorandum of agreement arrived in alternative dispute resolution can be acted upon, it can be pressed into service to the extent of the terms lawful and legal. Accordingly, this point is determined.
Point No.2:-
9.In the result, the present petition is allowed as per Section 89 C.P.C. r/w
Section 336 of Civil Procedure Alternative Dispute and Civil Procedure Mediation Rules, 2005, as per terms agreed in mediation report as follows:
1.Both parties are present before mediator by conducting mediation and settled the matter.
2.Both have agreed to resolve their dispute in accordance with the terms and conditions mentioned under Memorandum of Agreement under sec.89 CPC r/w Rule 336 of Civil Procedure Alternative Dispute Resolution and Civil Procedure Mediation
Rules, 2005 in Annexure II dated 01-05-2026. The defendant shall repay the amount
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of Rs.2,48,30,850/- (Rupees two crore forty eight lakhs thirty thousand eight hundred and fifty) to the plaintiff towards full and final settlement of all claims of the plaintiff in relation to the Suit vide O.S.No.11 of 2023 on the file of VI Additional District and
Sessions Judge, Rangareddy District at Kukatpally in the manner mentioned in tabular
form in Annexure-II dt.01-05-2026.
Typed to my dictation by the Stenographer, corrected and pronounced by me in the open Court, on this the 06 th day of May, 2026.
Sd/-
VI Additional District Judge, Ranga Reddy District At Kukatpally.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
(On behalf of Petitioners) --Nil-- (On behalf of Respondent) --Nil--
EXHIBITS MARKED
(On behalf of Petitioners) --Nil-- (On behalf of Respondent) --Nil--
Sd/-
VI Additional District Judge, Ranga Reddy District At Kukatpally.
VI ADJ at Kukatpally.