M/S.Shriram Transport Finance Co.Ltd v. Mr.D.Ashok Kumar S/O.Devaraj And Another

PUSHPA SATHYANARAYANA, J.

By order dated 12.06.2019, this Court appointed Ms.Srilakshmi Venkataraj, Advocate as Advocate Commissioner to seize and possess the vehicle in question.

2. It is represented today by the learned counsel appearing for the applicant that the warrant has been duly executed by the Advocate Commissioner and the vehicle has been seized on 08.08.2019 and handed over to the applicant-company by him. He would also confirm that proceedings for arbitration in connection with the transactions relating to the aforesaid asset have been initiated and pending. The statement is recorded.

3. The notice sent to the first respondent was returned with an endorsement "want of remarks" and the notice to the second respondent was received by him and an affidavit of service has been filed to that effect enclosing the returned cover and the acknowledgment card. Though the names of the respondents are printed in the cause list, there is no representation for them either in person or through counsel.

4. The learned Advocate Commissioner has filed his report dated 13.08.2019 detailing the seizure of the assets and handing over of possession to the applicant. In addition to the report a memo dated 13.08.2019 is also filed by the learned Advocate Commissioner seeking additional remuneration for the efforts undertaken by him in this regard. Considering the same, a further sum of Rs.10,000/- (Rupees Ten thousand only) is directed to be paid by the applicant in each of the applications as additional remuneration within a period of two weeks from the date of receipt of a copy of this order. The Advocate Commissioner shall stand discharged.

5. In the above circumstances and since nothing further survives in these applications, the same stand closed. However, it is made clear that the vehicles shall not be alienated/altered/encumbered without orders in this regard from the Arbitrator. Needless to say, as and when an award is passed, the applicant shall be at liberty to proceed as per law. 13.09.2019 pnn

PUSHPA SATHYANARAYANA,J.

pnn 13.09.2019