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Madras High CourtA/4000/2019closed

M/S.Cholamandalam Investment And Finance Co.,Ltd v. Mr.Shameem P S/O.Muhammadali

2019-08-01Honourable Mrs Justice Pushpa Sathyanarayana2 pages

A.No.4000 of 2019 PUSHPA SATHYANARAYANA, J.

By order dated 19.06.2019, this Court appointed Mr.K.Sundaramoorthy, as Advocate Commissioner, to seize and possess the vehicle in question.

2. Pursuant to the warrant of commission issued by this Court to seize the vehicle, it is today represented by the learned counsel appearing for the applicant that the subject asset has been seized and handed over to the applicant's authorized agent on 27.07.2019 by the Advocate Commissioner. He would also confirm that a reference letter has been sent to the respondent invoking arbitration clause. The statement is recorded.

3. Though notice sent to the respondent has been served and his name has been printed in the cause list, none appears on behalf of the respondent.

4. The learned Advocate Commissioner has filed a report dated 29.07.2019 detailing the seizure of the asset and handing over of http://www.judis.nic.in

PUSHPA SATHYANARAYANA, J.

rsi possession to the applicant. He would seek additional remuneration for the efforts undertaken by him in this regard. Considering the same, a further sum of Rs.20,000/- (Rupees Twenty Thousand only) is directed to be paid by the applicant 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 view of the above, nothing further survives in this application and the same stands closed. However, it is made clear that the vehicle 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. 01.08.2019 rsi A.No.4000 of 2019 http://www.judis.nic.in