Mercedes Benz Financial Services India Pvt Ltd v. Svc Roadlines

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.02.2025

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE Mercedes Benz Financial Services India Pvt. Ltd., Floor Plot 8, Baashyam Willow Square 9 & 10 First Street, Thiru vi Ka Industrial Estate, Guindy, Chennai - 600 032, Tamil Nadu.

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Applicant Vs SVC Roadlines, #02, G.N. Building, Near Life Line Hospital, 19 Km Tumkur Road, Madanayakanahalli, Bangalore 562 123, Karnataka and another ....

Respondents For Applicant :

Mr. M. Arunachalam - - - - - As seen from the earlier proceedings, the learned counsel for the applicant has been seeking time to extend the Warrant of Commission. In fact on 02.01.2025, six weeks time was granted for the applicant to execute the Warrant of Commission. However, till today, the Advocate 1/3

Commissioner has been unable to execute the Warrant of Commission. The learned counsel for the applicant seeks further time for the Advocate Commissioner to execute the Warrant of Commission, since according to her the vehicle could not be located. This application cannot be kept pending that too when sufficient time has already been granted by this Court for executing the Warrant of Commission by the Advocate Commissioner. Accordingly, this application is closed. However liberty is granted to the applicant to file a fresh application seeking for appointment of Advocate Commissioner, once the vehicle is located. While considering the fresh application, this Court will consider appointing the very same Advocate Commissioner, who was appointed earlier by this Court in this application. This Court shall also consider adjusting the initial remuneration paid to the Advocate Commissioner in this application, while considering the payment of remuneration to the Advocate Commissioner, when this Court decides the fresh application. 13.02.2025 vsi2 2/3

ABDUL QUDDHOSE, J.

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