M/S.Dugar Finance And Investment Limited v. Mr.Balaramesh N And Another
Arb.Appln.No.196 of 2022 KRISHNAN RAMASAMY, J.
This Court vide earlier order dated 15.12.2022, appointed an Advocate Commissioner to seize the vehicle viz., MAHINDRA SCORPIO bearing Engine No.MJC45482 Chassis No.MA1TA2MJNC2A16500 and Registration No.TN 07 BV 0555 lying at the respondents' premises and hand over the same to the custody of applicant. Further, it directed the applicant to pay a sum of Rs.30,000/- as initial remuneration to the Advocate Commissioner. Thereafter, when the matter was taken up on two occasions viz., 12.01.2023 & 31.01.2023, the Advocate Commissioner reported that the applicant has not paid him the initial remuneration ordered by this Court. Hence, this Court directed the applicant to pay the initial remuneration to the Advocate Commissioner.
2. Today, when the matter was called, the Advocate Commissioner submitted that so far, the applicant has not paid him the initial remuneration.
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3. Though this Court vide earlier orders dated 12.01.2023 & 31.01.2023, directed the applicant to pay the initial remuneration to the Advocate Commissioner, the applicant has yet to comply the said direction, which is in violation of the said orders passed by this Court.
4. In view of the above, the Managing Director of the applicant company is directed to appear in person before this Court on 27.02.2023, without fail and explain as to why he has not complied the direction issued by this Court in its earlier order dated 12.01.2023.
5. In the meantime, the applicant is directed to pay the initial remuneration to the Advocate Commissioner as ordered by this Court, on or before 27.02.2023, without fail.
6. Mr.Balaji, learned counsel undertakes to file Vakalat on behalf of the respondents.
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7. Registry is directed to verify whether any Vakalat has been filed on behalf of the respondents by Mr.Balaji, if so, print his name as counsel for the respondents in the cause list and list the matter on 27.02.2023. 22.02.2023 mrr Note to Registry: Issue order copy on 22.02.2023 3/4
KRISHNAN RAMASAMY, J.
mrr Arb.Appln.No.196 of 2022 22.02.2023 4/4