M/S.Cholamandalam Investment v. Mr.Thiyagu .M

Application No.2644 of 2016 RAJIV SHAKDHER,J

1. Learned Advocate Commissioner has filed a report dated 22.07.2016.

2. I am informed by the learned counsel for the applicant that the subject vehicle has been seized by the learned Advocate Commissioner and the same has been handed over to the applicant.

3. In these circumstances, it has to be noted that the respondent has not appeared before this Court, despite service.

4. I am informed by the learned counsel for the applicant that initial remuneration in the sum of Rs.10,000/- was paid to the Advocate Commissioner.

5. I am informed that the Arbitration Proceedings were initiated and are pending adjudication.

6. The above Application is disposed of with the following directions:- 6.1 The applicant will not alienate or sell or create any third party rights in the subject vehicle, till further orders of the learned Arbitrator.

RAJIV SHAKDHER, J.

suk 6.2) Needless to say that parties will be at liberty, hereafter, to file an Application under Section 17 of the Arbitration and Conciliation Act, 1996 before the learned Arbitrator. The learned Arbitrator will, however, issue notice to the respondent, if not already done so, before proceeding further in the matter.

7. It is made clear that the respondent will be at liberty to seek vacation or modification of the orders passed by this Court. In such an eventuality, the learned Arbitrator shall pass appropriate orders, albeit, in accordance with law.

01.09.2016 suk Application No.2644 of 2016