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Madras High CourtArb Appln/466/2023closed

M/S.Cholamandalam Investment And Finance Company Limited v. Abdul Shameer N

2023-11-06Honourable Mr Justice C. Saravanan4 pages

C.SARAVANAN, J.

There is no representation on behalf of the respondent.

2. The learned Advocate Commissioner appointed by this Court by its Order dated 11.09.2023 has executed the warrant in Kerala and seized the vehicle.

3. The learned Advocate Commissioner has also filed a Report dated 03.11.2023 and Additional Remuneration Memo dated 02.11.2023. Same is taken on record. The learned Advocate Commissioner has sought for additional remuneration of Rs.25,000/- for the work done by her in connection with the execution of warrant.

4. Being satisfied with the reasons stated in the Memo filed for Additional Remuneration, Court is inclined to order Additional Remuneration of Rs.25,000/- to the learned Advocate Commissioner.

5. The learned Counsel for the applicant is directed to ensure the Additional Remuneration is paid to the learned Advocate Commissioner within a period of two weeks from the date of receipt of a copy of this order. The learned Advocate Commissioner shall return the warrant to the Registry.

6. It is made clear that the seized vehicle shall not be sold or transferred to the third party pending orders of the learned Arbitrator.

7. It is also made clear that the applicant shall initiate arbitration proceedings within a period of thirty days from the date of receipt of a copy of this order, failing which, the applicant will be duty bound to return the seized vehicle.

8. This Arbitration Application is closed with the above observations.

9. Registry is directed to issue suitable notice to the concerned RTO intimating that the registration of the vehicle shall not be permitted without permission of the learned Arbitrator. 06.11.2023 arb

C.SARAVANAN, J.

arb 06.11.2023