Mercedes Benz Financial Services India Pvt Ltd v. Earthstack Developers Pvt Ltd

C.SARAVANAN, J.

The learned Advocate Commissioner, appointed by this Court on 24.01.2023, has successfully executed the warrant from New Delhi, although, it was informed earlier by the applicant that the vehicle was in Lucknow. Today, the learned Advocate Commissioner has filed a report dated 19.03.2024. Same is taken on record.

2. Considering the fact that the learned Advocate Commissioner has spent three days to trace out the seized vehicle which had moved to Delhi and therefore the Advocate Commissioner has traveled to Delhi from Lucknow, Court is inclined to order an additional remuneration of Rs.45,000/- (Rupees Forty Five Thousand only) to the Advocate Commissioner. The applicant is directed to pay the same to the Advocate Commissioner.

3. The learned counsel for the applicant is directed to ensure the Additional Remuneration is paid to the learned Advocate Commissioner within a period of thirty days from the date of receipt of a copy of this order. The learned Advocate Commissioner shall return the warrant to the Registry.

4. This Arbitration Application is disposed of with liberty to the applicant to move appropriate application before the learned Arbitrator for disposal of the seized vehicle. In case no such application is filed, the seized vehicle shall be returned to the respondents.

5. It is made clear that the seized vehicle shall not be disposed or sold or alienated without permission of the learned arbitrator or the jurisdictional Execution Court. Interim custody of the seized vehicle shall continue for a period of 90 days of receipt of this order and shall be continued only subject to further orders under Section 17 of the Arbitration and Conciliation Act, 1996.

19.03.2024 jas

C.SARAVANAN, J.

jas 19.03.2024