Tata Capital Limited v. Athul M S

Arb.Application Nos.349 and 350 of 2024 Arb.Application Nos.349 and 350 of 2024 P.B.BALAJI, J.

Heard the learned counsel for the applicant and the learned Advocate Commissioner.

2. Learned counsel for the applicant seeks permission of this Court to withdraw the applications since the vehicles are not traceable. He has also made an endorsement to that effect in the court bundle. 3, The learned Advocate Commissioner would submit that he has taken sincere efforts and there was lack of co-operation on the part of the applicants.

4. However, the said contention is reputed by the applicant by filling an affidavit.

5. Without going into the merits and demerits of the contentions raised by the learned counsel for the applicant and the learned Advocate Commissioner, since the applications are being withdrawn with liberty to move fresh application as and when warranted, I am of the opinion that it https://www.mhc.tn.gov.in/judis 1/2

Arb.Application Nos.349 and 350 of 2024 P.B.BALAJI,J., sr would be suffice to give a direction for payment of an additional remuneration of Rs.15,000/- to the learned Advocate Commissioner.

6. In view of the above, the applicant is directed to pay an additional remuneration of Rs.15,000/-(Rupees fifteen thousand only) to the learned Advocate Commissioner and the applicant is permitted to withdraw a sum of Rs.50,000/-(Rupees Fifty thousand only), already deposited, in pursuance of the order dated 26.09.2024.

7. In view of the endorsement made, both the Arbitration Application Nos.349 and 350 of 2024 are dismissed as withdrawn with liberty to file a fresh application, as and when the applicant deems it necessary. 29.11.2024 sr Arb.Application Nos.349 and 350 of 2024 https://www.mhc.tn.gov.in/judis 2/2