M/S.Cholamandalam v. The Manager

A.Nos.198 to 202 of 2016 RAJIV SHAKDHER,J.

1. By a common order dated 19.1.2016, an Advocate Commissioner was appointed by this Court to seize the subject vehicles, concerning five (5) separate loan agreements; the details of which are set out in paragraph 3 of the order dated 19.1.2016.

2. I am informed by Mr.Pradeep Kumar, counsel for the applicant, that the subject vehicles were seized by the Advocate Commissioner and, since, some payments were made by the respondent, the subject vehicles, which were seized, initially, by the Advocate Commissioner, have been handed over to the respondent. He further informs that arbitration proceedings have been triggered between the parties herein.

3. Learned Advocate Commissioner, who is present in Court, prays for payment of additional remuneration.

4. To be noted, the Advocate Commissioner was paid an initial lumpsum remuneration of Rs.25,000/-, qua execution of the commission.

5. Having regard to the extent of work involved and given the fact that the commission was required to be executed in the State of Kerala, the prayer made by the Advocate Commissioner with regard to the payment of additional remuneration deserved to be allowed. Accordingly, the applicant is directed to pay an additional remuneration of Rs.25,000/- to the Advocate Commissioner, within a period of one week from the date of receipt of a copy of this order.

RAJIV SHAKDHER, J.

6. Needless to say that the learned Arbitrator appointed in this matter will proceed further in the matter pending before him upon issuing notice to the respondent to join the proceedings, if not already done so.

7. This application is disposed of in the aforementioned terms. sl 02.06.2016 A.Nos.198 to 202 of 2016