Disposed

Tata Capital Financial Services Limited v. Baiju D and another

Madras HC18 Mar 2024Arb Appln/8/2024

Case brief

AI extract

What is this about?

Application for appointment of an Advocate Commissioner to seize and preserve a vehicle was closed after the Commissioner executed the warrant and handed over custody. Additional remuneration of Rs.25,000/- was awarded, with liberty to move the Arbitrator regarding the seized vehicle.

What did the court decide?

Additional remuneration of Rs.25,000/- to the Advocate Commissioner, payable within 30 days; vehicle not to be alienated without permission of Arbitral Tribunal or Execution Court.

Tata Capital Financial Services Limited Vs Baiju D and another — Arbitration | Madras HC (2024)

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Arb.Appln.No.8 of 2024

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Arb.Appln.No.8 of 2024

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C.SARAVANAN, J.

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The learned counsel for the applicant submits that the Advocate Commissioner appointed by this Court by its order dated 08.01.2024 has executed the warrant, seized the vehicle and handed over the same to the applicant for safe custody.

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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.

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The learned Advocate Commissioner has filed a Report together with a Memo for Additional Remuneration both dated 18.03.2024. Same are taken on record.

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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

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https://www.mhc.tn.gov.in/judis

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Arb.Appln.No.8 of 2024

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

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The learned counsel for the applicant is directed to ensure the Additional Remuneration is paid to the learned Advocate Commissioner within a period of thirty days from the date of receipt of a copy of this order. The learned Advocate Commissioner shall return the warrant to the Registry.

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This Arbitration Application is closed with liberty to the applicant to move appropriate application to initiate the arbitration proceedings before the learned Arbitrator for disposal of the seized vehicle within a period of ninety days from today failing which, the vehicle shall be returned forthwith to the respondent.

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It is made clear that the seized vehicle shall not be sold or disposed or alienated or transferred to a third party without permission of the Arbitral Tribunal or the jurisdictional Execution Court.

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https://www.mhc.tn.gov.in/judis

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Arb.Appln.No.8 of 2024

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Any sale or disposal or alienation or transfer of the vehicle

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without such permission will be considered as illegal.

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18.03.2024

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arb

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https://www.mhc.tn.gov.in/judis

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Arb.Appln.No.8 of 2024

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C.SARAVANAN, J.

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arb

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Arb.Appln.No.8 of 2024

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18.03.2024

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https://www.mhc.tn.gov.in/judis

Tata Capital Financial Services Limited v. Baiju D and another

Case brief

What is this about?

What did the court decide?

Tata Capital Financial Services Limited v. Baiju D and another

Case brief

What is this about?

What did the court decide?

What the court decided

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