Disposes of two execution applications. Notes payment of award amount and dispatch of R.C. Book. Directs disbursement of additional remuneration to Advocate Commissioner before closing applications.
Advocate Commissioner to receive Rs.10,000 additional remuneration. Applications closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
MONDAY, THE 15TH DAY OF JULY 2019
THE HON'BLE MRS. JUSTICE PUSHPA SATHYANARAYANA
A. No.7614 of 2017
and
A.No. 3989 of 2017
in
A.No.2748 of 2017
A.Nos.2748 & 7614 of 2017:
In the matter of Arbitration &
Conciliation Act, 1996
And
In the matter of Dispute between
Dugar Finance & Investments
Ltd.,
and
M.Dilly and another Agreement
Dated 27.08.2013
M/s. Dugar Finance & Investments Ltd., Represented by its Manager (Legal) Mrs.P.M.Beaula Supriya, “Dugar Towers”, 7th Floor, No.34, (123) Marshalls Road, Egmore, Chennai 600 008. : Applicant Vs.
Chennai 600 067.
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A.No.7614 of 2017:
Application praying that this Hon'ble Court be pleased to pass an order directing the first respondent to surrender the vehicle more fully described in the schedule to the petition. A.No.3989 of 2017: Mr.M.Dilly, S/o.K.Munusamy, No.1/116, Karumariamman Koil Street, Attanthangal Village, Sholavaram, Chennai 600 067. : Applicant/1st Respondent Vs
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Application praying that this Hon'ble Court be pleased to
stay the execution of warrant issued to the Advocate Commissioner by order dated 28.04.2017 in A.No.2748 of 2017.
These Applications coming on this day before this court for hearing, the Court made the following order:-
for an appointment of Advocate Commissioner to seize and
deliver the schedule mentioned vehicle from the respondents
and on 28.04.2017, this Court appointed an Advocate Commissioner.
respondent to stay the execution of warrant issued to the
Advocate Commissioner.
company to direct the first respondent to surrender the
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vehicle morefully described in the schedule to the Judges Summon.
the first respondent, this Court has modified the award amount
As per the said order, the amount of Rs.5,17,000/- has been paid today to the applicant/finance company and the same is recorded.
respondents as the entire amount has been paid.
No Objection Certificate to the respondents within a week from the date of receipt of a copy of this order.
Advocate Commissioner, a further sum of Rs.10,000/- (Rupees https://hcservices.ecourts.gov.in/hcservices/
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Ten Thousand only) is directed to be paid by the applicant as
additional remuneration within a period of two weeks from the
date of receipt of a copy of this order. The Advocate
Commissioner shall stand discharged.
8. With the above directions, these applications are
closed.
Sd./-P.S.N.J
15.07.2019
//Certified to be true copy//
Dated at Madras this the day of 2019.
JJ 06/09/2019
COURT OFFICER(O.S.)
From 25th day of September 2008 the Registry is issuing
certified copies of the Orders/Judgments/Decrees in this
format.
M/s. Dugar Finance & Investments Ltd.
Mr.M.Dilly
Mr.D.Nagaraj
Mr.M.Adeeb Mohammed
Puspha Sathyanarayana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
