M/S.Cholamandalam Investment v. Barkat Ali

Application No.3529 of 2016 RAJIV SHAKDHER,J.

1. Learned counsel for the applicant says that the subject vehicle has been seized by the learned Advocate Commissioner and the same has been handed over to the applicant.

2. To be noted, the respondent has not appeared before this Court, despite service.

3. I am informed by the learned Advocate Commissioner, who is present in Court, as well as by the learned counsel appearing for the applicant that, at the initial stage, a sum of Rs.20,000/- towards fee was paid. Request is made by the learned Advocate Commissioner for payment of additional remuneration, as the warrant was executed in the State of Karnataka. The Advocate Commissioner undertakes to file a report within a period of one week, from today.

4. Having regard to the overall circumstances, an additional fee equivalent to a sum of Rs.10,000/- (Rupees Ten Thousand only) will be paid to the learned Advocate Commissioner, by the applicant, within a period of one week, subject to the report being filed by the Advocate Commissioner.

4.1. A copy of the report will be served on the counsel for the applicant.

5. I am informed that the Arbitration Proceedings have been 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.

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.

29.11.2016 pri

RAJIV SHAKDHER,J.

pri Application No.3529 of 2016 29.11.2016 http://www.judis.nic.in