← Library
Madras High CourtArb Appln/613/2023closed

M/S.Mercedes-Benz Financial Services India Pvt.,Ltd., v. Amit Har Givind Singh

2023-12-11Honourable Mr Justice C. Saravanan4 pages

C.SARAVANAN, J.

There is no representation on behalf of the applicant.

2. Mr.M.Palanimuthu, learned Advocate Commissioner is present and has filed a report dated 11.12.2023 indicating that the vehicle was seized from the custody of the respondent and handed over to the Area Manager of the applicant on 18.11.2023. Same is taken on record. In the report, the learned Advocate Commissioner has sought for Additional Remuneration of Rs.50,000/- for the work done by him in connection with the execution of warrant.

3. Considering the fact that the Advocate Commissioner had executed the warrant in another State and had travelled all the way to Jabalpur, Madhya Pradesh, Court is inclined to order Additional Remuneration of Rs.25,000/- to the Advocate Commissioner.

4. The learned counsel for the applicant is directed to ensure the Additional Remuneration is paid to the learned Advocate Commissioner within a period of fifteen days from today. The learned Advocate Commissioner shall return the warrant to the Registry.

5. It is made clear that the seized vehicle shall not be disposed or alienated without permission of the learned arbitrator or the jurisdictional Execution Court.

6. It is also made clear that the arbitration proceedings will be initiated within a period of thirty days from the date of receipt of a copy of this order and thereafter appropriate application shall be filed under Section 17 of the Arbitration and Conciliation Act, 1996. In case no such application is filed, the seized vehicle shall be returned to the respondent.

7. With the above observations, this Arbitration Application stands closed.

11.12.2023 arb

C.SARAVANAN, J.

arb 11.12.2023