M/S.Mercedes Benz Financial Services India Pvt Ltd v. Ibrahim Khaleel Kp

C.SARAVANAN, J.

The purpose for which the application was filed has been achieved, as the learned Advocate Commissioner has successfully seized the vehicle from the custody of the respondent.

2. Considering the same, this application can be closed as the respondent had also not approached this Court.

3. Under these circumstances, this application is closed by directing the applicant to commence the arbitral proceedings before the Arbitral Tribunal with liberty to the applicant to move suitable application before the Arbitral Tribunal under Section 17 of the Arbitration and Conciliation Act, 1996 for disposing the vehicle.

4. Considering the fact that the learned Advocate Commissioner has successfully seized the vehicle from the custody of the respondent,

the applicant is directed to pay a sum of Rs.30,000/- to the learned Advocate Commissioner towards Additional Remuneration.

5. It is made clear that the seized vehicle shall not be disposed or alienated without permission of the Arbitral Tribunal or the jurisdictional Execution Court in case already an Award has been passed.

6. Accordingly, this Arbitration Application stands closed. 19.02.2024 jas C.SARAVANAN, J.

jas 19.02.2024