M/S.Cholamandalam Investment And Finance Company Limited v. Mr.Mohamed Sajeer Moozhikkal
Arb.Appln.No.144 of 2023 ABDUL QUDDHOSE.J., A Report has been filed by the Advocate Commissioner, seeking for additional remuneration. As seen from the report, he has already seized the vehicle pursuant to the directions given by this Court by its order dated 24.04.2023. He seeks for an additional remuneration of Rs.50,000/-. He was initially paid a remuneration of Rs.25,000/-. The Vehicle was seized at Kerala. Considering the fact that the Advocate Commissioner had spent one full day in Kerala for repossessing the subject vehicle, this Court is inclined to award an additional remuneration of Rs.25,000/- instead of Rs.50,000/- as claimed by the Advocate Commissioner.
2. Accordingly, this Court directs the applicant to pay a sum 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.
3. It is also brought to the notice of this Court by the learned counsel for the applicant that subsequent to the seizure of the vehicle by the Advocate Commissioner, the respondent had paid part of the dues and on 1/3
receipt of the said amount, the applicant had re-delivered the vehicle back to the respondent. The said statement is recorded.
4. Since the application has already been disposed of, no further directions can be issued in favour of the applicant. However, liberty is granted to the applicant to file a fresh application, in case they seek for further directions from this Court with regard to the subject matter of the dispute.
09.08.2023 ab 2/3
ABDUL QUDDHOSE.J., ab Arb.Appln.No.144 of 2023 09.08.2023 3/3