HARI KUMAR Vs. SHRIRAM TRANSPORT FINANCE COMPANY LTD.

JUDGEMENT

(1.) An interim order passed by the District Court, Thiruvananthapuram in I.A.No.2351/2017 in O.P. (Arb) No.398/2017 is under challenge at the instance of the 1st respondent before the court below. The 1st respondent herein had filed an original petition under Section 9 of the Arbitration and Conciliation Act seeking for appointment of an Advocate Receiver for taking possession of the vehicle bearing Registration No. KL-58-D-2979, which is allegedly hypothecated to the 1st respondent herein and to entrust that vehicle to them or in the alternative to pass appropriate directions for securing the claim amount of Rs.4, 21, 349/-, which is allegedly due from the appellant herein. Along with the original petition, the 1st respondent had filed I.A.No.2351/2017 seeking for appointment of an Advocate Receiver for taking possession of the vehicle and to entrust the same to them, in accordance with law or on the alternative to issue appropriate direction for securing the claim amount. By virtue of the impugned order passed on 31.8.2017, the District Court had appointed an Advocate Commissioner for taking possession of the vehicle. The appellant is challenging the said order on various grounds.

(2.) Heard; counsel for the appellant and counsel appearing for the 1st respondent. Since the order proposed to be passed in this appeal is not going to affect the 2nd respondent, we are inclined to dispose of the appeal at the stage of the admission itself, without issuing notice to the 2nd respondent.

(3.) Learned counsel for the appellant contended that, the court below is lacking power to issue an order in the nature of the impugned one. It is further pointed out that, based on the impugned order the District Judge had issued a direction to the Advocate Commissioner to repossess the vehicle from the appellant and to handover the same to the 1st respondent with the assistance of the local police station, if necessary. A copy of the order issued by the District Judge to the Advocate Commissioner is produced for our perusal. It is specifically stated therein that the Commissioner is directed to repossess the vehicle and to handover the same to the petitioner in the application, with the assistance of local police station, if necessary.