M/S.Mahaveer Finance India Limited v. Mr.Punithraj C And Another

C.SARAVANAN, J.

The learned counsel for the applicant submits that the Advocate Commissioner appointed by this Court by its order dated 22.01.2024 has executed the warrant, seized the vehicle and handed over the same to the applicant for safe custody on 23.02.2024.

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 28.02.2024. 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.25,000/- (Rupees Twenty Five Thousand only) to the Advocate Commissioner.

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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 fifteen days from today. The learned Advocate Commissioner shall return the warrant to the Registry.

6. This Arbitration Application is disposed with liberty to the applicant to move appropriate application for disposal of the seized vehicle before the learned Arbitrator within a period of ninety days from the date of receipt of a copy of this order. In case no such application is filed, the seized vehicle shall be returned to the respondents.

7. Considering the fact that the applicant has secured an Award on 15.11.2021, 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. 05.03.2024 arb 2/3

C.SARAVANAN, J.

arb 05.03.2024 3/3