M/S.Tata Capital Financial Services Limited v. Mr.Siraj

C.SARAVANAN, J.

The learned counsel for the applicant submits that the Advocate Commissioner appointed by this Court by its Order dated 27.11.2023 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 Advocate Commissioner has filed a Report together with a Memo for Additional Remuneration both dated 05.02.2024. Same are taken on record.

4. Considering the nature of work carried out by the Advocate

Commissioner and being satisfied with the reasons given in the Memo for Additional Remuneration, Court is inclined to order Additional Remuneration of Rs.20,000/- (Rupees Twenty Thousand only) to the 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 thirty days from the date of receipt of a copy of this order. The learned Advocate Commissioner shall return the warrant to the Registry.

6. This Arbitration Application is closed with liberty to the applicant to move appropriate application to initiate the arbitration proceedings before the learned Arbitrator for disposal of the seized vehicle within a period of ninety days from today failing which, the vehicle shall be returned forthwith to the respondent.

7. It is made clear that the seized vehicle shall not be disposed or alienated or transferred to a third party without permission of the Arbitral Tribunal or the jurisdictional Execution Court.

8. Any alienation or transfer or sale without such permission will be considered as illegal.

05.02.2024 arb C.SARAVANAN, J.

arb

05.02.2024