M/S.Cholamandalam Investment And v. Mr.Anoop Kumar P.C.
C.SARAVANAN, J.
The learned counsel for the applicant submits that the newly appointed Advocate Commissioner has executed the warrant, seized the vehicle and handed over the same to the applicant for safe custody.
2. Therefore, the purpose for which the above application was filed for appointment of an Advocate Commissioner has been fulfilled and therefore no further orders are required to be passed in this Arbitration Application.
3. The learned counsel for the applicant further submits that during the pendency of the original petition, the applicant has also initiated arbitration proceedings.
4. In view of the above, nothing further survives for adjudication in this Arbitration Application.
5. Considering the fact that the newly appointed Advocate Commissioner has executed the warrant with the satisfaction of this Court, this Court is inclined to order Additional Remuneration of Rs.30,000/- (Rupees Thirty Thousand only) to the Advocate Commissioner.
6. The learned counsel for the applicant is directed to ensure the Additional Remuneration is paid to the newly appointed Advocate Commissioner within a period of thirty days from today. The learned Advocate Commissioner shall return the warrant to the Registry.
7. This Arbitration Application is closed with liberty to the applicant to move appropriate application before the learned Arbitrator for disposal of the seized vehicle. In case no such application is filed, the seized vehicle shall be returned to the respondent.
8. It is made clear that the seized vehicle shall not be disposed or sold or alienated without permission of the learned arbitrator or the jurisdictional Execution Court.
22.01.2024 arb
C.SARAVANAN, J.
arb 22.01.2024