Vinod K.Sharma, J.

This order shall dispose of A.Nos.5201, 5202 & 5203 of 2012 and 1296, 1297 & 1298 of 2013, as the common question of fact and law are involved in all these applications.

A.Nos.5201 to 5203 of 2012:

1. These applications under Order XIV Rule 8 of O.S. Rules read with sec.9(ii)(b) & (e) of Arbitration and Conciliation Act, 1996 have been filed by M/s.Hinduja Leyland Finance Ltd. for appointment of an Advocate Commissioner to seize and deliver the vehicles namely, 'Multi Axle Goods Vehicle Truck' with police aide by breaking open the premises, wherever it is found and hand it over to the applicant.

A.Nos.1296 to 1298 of 2013:

These applications under Order 14 Rule 8 of O.S. Rules read with section 9(ii)(e) of Arbitration and Conciliation Act, 1996 have been filed by the respondent/borrower for grant of leave to raise the interim orders, dated 10.12.2012 passed by this Court in A.Nos.5201, 5202 and 5203 of 2012.

2. The question to be determined in these cases is "whether the provision of section 9 of the Arbitration and Conciliation Act, can be invoked to use the High Court as a Recovery Agent by Finance Companies/Banks to seize the vehicle ex-parte, without