M/S.Mahaveer Finance India Limited v. Mr.Kasinathan

ABDUL QUDDHOSE, J.

M/s.Mahaveer Finance India Limited, represented by its Authorised Officer N.Venkatesh .. Applicant vs Kasinathan .. Respondent An affidavit of service has been filed by the learned counsel for the applicant, enclosing the acknowledgement card received from the respondent. Since the respondent has been duly served and his name is also printed in the cause list today, the respondent is set ex parte by this Court. 2.The learned Advocate Commissioner has filed a report with enclosures along with a memo, seeking for additional remuneration. The vehicle has been seized by the Advocate Commissioner and the custody of the same has also been given to the applicant in terms of the directions issued by this Court on 16.08.2023 in Arb.Appln.No.306 of 2023. As seen from the said report of the Advocate Commissioner, the Advocate 1/4

Commissioner also got the acknowledgement from the respondent and she has also intimated the respondent that on payment of the sum of Rs.2,17,500/- within a period of one week from the date of her communication, the respondent will be entitled to get back the vehicle. However, despite the intimation sent by the Advocate Commissioner, the respondent has chosen not to pay the sum of Rs.2,17,500/- to the applicant within a period of one week from the date of communication sent by the Advocate Commissioner. Since the respondent has been duly served and he has also not paid the sum of Rs.2,17,500/- as directed by this Court on 16.08.

2023, this application will have to be disposed of after recording the fact that the vehicle, which is the subject matter of this application, has been repossessed by the applicant through the Advocate Commissioner appointed by this Court and the vehicle is presently with the custody of the applicant. 3.The Advocate Commissioner has sought for additional remuneration of Rs.25,000/-. The vehicle was seized at Pudukottai, Tamil Nadu. The Advocate Commissioner was initially paid with a remuneration of Rs.15,000/-.

Rs.10,000/- to the Advocate Commissioner instead of Rs.25,000/- claimed by the Advocate Commissioner through her memo. 4.The applicant is directed to pay the additional remuneration of Rs.10,000/- to the Advocate Commissioner within a period of one week from the date of receipt of a copy of this order. With the aforementioned directions, this application is disposed of. 22.09.2023 ab 3/4

ABDUL QUDDHOSE, J.

ab 22.09.2023 4/4