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Madras High CourtArb Appln/566/2023closed

M/S.Mercedes-Benz Financial Services India Pvt. Ltd. v. Kanakala Sri Rama Adi Narayana Murthy And Another

2024-02-27Honourable Mr Justice C. Saravanan3 pages

C.SARAVANAN, J.

The learned counsel for the applicant is present. There is no representation on behalf of the respondents.

2. The learned counsel for the applicant would submit that this application can be closed as the respondents have regularized the default and have also given an undertaking to not to commit defaults in future.

3. The learned Advocate Commissioner has filed a Report together with a Memo for Additional Remuneration both dated 27.02.2024. Same are taken on record.

4. Considering the nature of work carried out and the three days period spent by the Advocate Commissioner in Vijayawada, Andhra Pradesh and being satisfied with the reasons given in the Memo for Additional Remuneration, Court is inclined to order Additional Remuneration of Rs.30,000/- (Rupees Thirty 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 today. 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 the date of receipt of a copy of this order failing which, the vehicle shall be returned forthwith to the respondents.

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 learned arbitrator or the jurisdictional Execution Court.

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

27.02.2024 arb C.SARAVANAN, J.

arb 27.02.2024