M/S.Mercedes - Benz Financial Services India Pvt. Ltd. v. Kali Kiran Sahu

Original Application No.54 of 2023 Arbitration Application No.54 of 2023 KRISHNAN RAMASAMY, J.

The present Original Application has been filed to appoint an Advocate Commissioner to seize and deliver the Asset MERCEDES-BEZ GLC 220 D 4MATIC Passenger Car bearing Registration No.OD07AJ0777, Engine No.65492080847063 and Chassis No. WIN2539156L031674 available at the respondent's premises or wherever found and permit the Advocate Commissioner to obtain police aid and to break open the premises.

2. Today when the matter is taken up for hearing, the learned Advocate Commissioner submits that the vehicle is seized and the same is handed over to the applicant and a report dated 14.03.2023 is already filed before the Registry. Hence, he requested that an additional remuneration of Rs.20,000/- may be ordered.

3. The learned counsel appearing for the applicant has also agreed for the additional remuneration to be given to the learned Advocate Commissioner.

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Original Application No.54 of 2023 KRISHNAN RAMASAMY, J.

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4. Accordingly, the learned Advocate Commissioner is directed to be paid a sum of Rs.20,000/- as additional remuneration by the applicant within a period of two weeks from the date of receipt of a copy of this order.

5. The learned counsel appearing for the applicant further submits that the vehicle is seized and since the arbitration proceedings has already been initiated, a liberty may be granted to approach the learned Arbitrator for getting permission to sell the property without leave of this Court.

6. Accordingly, a liberty is granted to the applicant to approach the learned Arbitrator to get permission to sell the vehicle/machinery and proceed with the same in accordance with law. Hence, no further order is required in this matter.

20.03.2023 asi Arbitration Application No.54 of 2023 https://www.mhc.tn.gov.in/judis