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2018 Supreme(Ker) 58

C.K.ABDUL REHIM, SHIRCY V.
Hari Kumar – Appellant
Versus
Shriram Transport Finance Company Ltd. Thiruvananthapuram, Represented by Its Authorised Officer, K. Karthikeyan – Respondent


Advocates Appeared:
For the Appellant : V.G. Arun, Indulekha Joseph, Neeraj Narayan
For the Respondents: C. Harikumar

JUDGMENT :

C.K. Abdul Rehim, J.

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 s













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