Cholamandalam Investment And Finance Co. Ltd. v. M/s Tittu Travels And Transport Agency Rep by its Managing Partner
Case brief
What is this about?
Arbitration application before the Madras High Court (single Judge, Abdul Quddhose J.) by Cholamandalam Investment And Finance Co Ltd against M/s Tittu Travels And Transport Agency for appointment of an Advocate Commissioner to seize and deliver a financed vehicle from the respondent's custody; vehicle repossessed and custody handed to applicant; respondent set ex parte after due service of notice; application closed as nothing survived for adjudication; additional remuneration of Rs.25,000/- awarded to the Advocate Commissioner, payable within two weeks. Keywords: advocate commissioner, repossession, seizure and delivery of vehicle, set exparte, affidavit of service, delivery report, arbitration application, vehicle finance recovery.
What did the court decide?
Custody of the vehicle was secured for the applicant: the Advocate Commissioner repossessed the vehicle and handed it over to the applicant; the respondent was set ex parte and the application was closed, with the applicant directed to pay Rs.25,000/- as additional remuneration to the Advocate Commissioner within two weeks.