M/S Sundaram Finance Limited v. M/S Pattaniyil Constructions Pvt Ltd And 2 Others

A.Nos.1088 & 1089 of 2021 A.Nos.1088 & 1089 of 2021 N.SATHISH KUMAR, J.

These applications have been filed for interim measure for appointing a receiver to seize the machineries.

2. This Court by its Order dated 16.03.2021 had appointed an Advocate Commissioner. Pursuant to the same, the Advocate Commissioner had visited the site and found that the machineries are attached to earth and the machineries are predominantly large and only symbolic possession has been taken and a report has also been filed in this regard.

3. As the warrant has been executed and it is also submitted by the applicant that the arbitration proceedings have been initiated and the matter has been referred to the arbitrator, no further Orders is required in this application. It is open to the applicant to seek any interim measure before the arbitrator under section 17 of the Arbitration and Conciliation Act.

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A.Nos.1088 & 1089 of 2021 N.SATHISH KUMAR, J.

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4. With the above observation, these applications are closed. Taking note of the efforts put up by the Advocate Commissioner, an additional remuneration of Rs.15,000/- shall be paid to the Advocate Commissioner by the applicant in both the applications. 12.08.2021 vrc A.Nos. 1088 & 1089 of 2021 2/2 https://www.mhc.tn.gov.in/judis/