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Madras High CourtA/7356/2018closed

Cholamandalam Investment And Finance Company Ltd v. Santhoshkumar Mc,

2019-06-04Honourable Mrs Justice Pushpa Sathyanarayana2 pages

Application No.7356 of 2018 PUSHPA SATHYANARAYANA, J.

By order dated 28.09.2018, this Court appointed Ms.S.Dhanalakshmi, as Advocate Commissioner, to seize and possess the vehicle in question.

2. Pursuant to the above warrant of commission issued by this Court, it is represented today by the learned counsel appearing for the applicant that the subject asset has been seized and handed over to the applicant company by the Advocate Commissioner. He would also confirm that proceedings for arbitration in connection with the transaction relating to the aforesaid assets have been initiated and are pending. The statement is recorded.

3. Though the respondent has been served and his name has also been printed in the cause list, there is no representation for him either in person or through counsel.

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PUSHPA SATHYANARAYANA, J.

srn

4. In addition to the report, a memo dated 04.06.2019 is also filed by the learned Advocate Commissioner seeking additional remuneration for the efforts undertaken by him in this regard. Considering the same, a further sum of Rs.25,000/- (Rupees twenty five thousand only) is directed to be paid by the applicant as additional remuneration to the learned Advocate Commissioner, within a period of two weeks from the date of receipt of a copy of this order. The Advocate Commissioner shall stand discharged.

5. In the above circumstances and since nothing further survives in the application, the same stands closed. However, it is made clear that the vehicles shall not be alienated/altered/encumbered without orders in this regard from the Arbitrator. Needless to say, as and when an award is passed, the applicant shall be at liberty to proceed as per law.

04.06.2019 srn Application No.7356 of 2018 http://www.judis.nic.in