This application under Order 14 Rule 8 of O.S. Rules read with section 9 of Arbitration and Conciliation Act, 1996 has been filed for appointment of an Advocate Commissioner to seize and deliver a 2007 Model TATA INDICA bearing Chassis No.600142CSZP49776 and Engine No.475ID105CSZP48351 and Registration No.KL 41 9951 to the custody of the applicant. The prayer is also made to obtain Police aid and to break open the premises.

2 The question to be determined in this case 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 giving an opportunity of hearing to the respondent/ borrower, by seeking appointment of Advocate Commissioner, to seize the vehicle even without serving notice of petition along with the documents, so as to enable the borrower to know the reason for passing this extreme order of seizure."

3 Section 9 of the Arbitration and Conciliation Act, 1996 reads as under: 9. Interim measures etc. by Court.-

(a) the preservation, interim custody or sale of any goods which are the subject-matter of the arbitration agree