M s Mahaveer Finance India Limited v. Harish S
Case brief
What is this about?
Short disposal order of Abdul Quddhose, J. (Madras High Court) in Arb.Appln.No.788 of 2025 dated 28.08.2025, filed by M/s.Mahaveer Finance India Limited against Harish S and Mallikarjuna: the application was closed because the appointed Advocate Commissioner had failed to re-possess the vehicle despite sufficient time to execute the Warrant of Commission; liberty was granted to file a fresh application for appointment of an Advocate Commissioner once the vehicle is located, with the Court to consider retaining the same Commissioner as the initial remuneration had already been paid. Search terms: Advocate Commissioner; Warrant of Commission; re-possession of vehicle; closure of arbitration application; liberty to file fresh application.
What did the court decide?
Application closed, with liberty to the applicant to file a fresh application for appointment of an Advocate Commissioner as and when the vehicle is located; while considering the fresh application, the Court shall consider retaining the very same Advocate Commissioner, since the initial remuneration has already been paid.