Disposed

Cholamandalam Investment And Finance Co. Ltd. v. Altaf Mahibubasab Walikar

Madras HC7 Mar 2024Arb Appln/36/2024

Case brief

AI extract

What is this about?

The Single Judge Court granted additional remuneration to the Advocate Commissioner for executing a warrant. The court closed the application, directing the applicant to initiate arbitration proceedings within 90 days to dispose of the seized vehicle, with liberty to move for sales only with tribunal/court permission under Section 17.

What did the court decide?

Ordered Additional Remuneration of Rs.30,000 to Advocate Commissioner. Directed applicant to initiate arbitration proceedings within 90 days.

Cholamandalam Investment And Finance Co. Ltd. Vs… — Execution and Attachment | Madras HC (2024)

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Arb.Appln.No.36 of 2024

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Arb.Appln.No.36 of 2024

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C.SARAVANAN, J.

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The learned counsel for the applicant is present.

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The learned Advocate Commissioner is present.

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Service of Notice on the respondent that was ordered by this

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Court on 18.01.2024 has remained unserved as "insufficient address". Meanwhile, pursuant to the same order, the Advocate Commissioner 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 has been fulfilled and 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 06.03.2024. Same are taken on record.

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Considering the nature of work carried out by the Advocate

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

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Arb.Appln.No.36 of 2024

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Commissioner and being satisfied with the reasons given in the Memo for Additional Remuneration, Court is inclined to order Additional Remuneration of Rs.30,000/- (Rupees Thirty 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 today. 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 under Section

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

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Arb.Appln.No.36 of 2024

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17 of the Arbitration and Conciliation Act, 1996.

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Any alienation or transfer or sale without such permission will

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be considered as illegal.

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It is expected that the Arbitral Tribunal will issue notice to the respondent and thereafter pass appropriate orders under Section 17 of the Arbitration and Conciliation Act, 1996.

07.03.2024

arb

C.SARAVANAN, J.

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

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Arb.Appln.No.36 of 2024

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arb

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Arb.Appln.No.36 of 2024

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07.03.2024

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

Cholamandalam Investment And Finance Co. Ltd. v. Altaf Mahibubasab Walikar

Case brief

What is this about?

What did the court decide?

Cholamandalam Investment And Finance Co. Ltd. v. Altaf Mahibubasab Walikar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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