JUDGMENT

(Dated this the 30^th May, 2025)

1.The appellant is the petitioner in M.A.(Arb.) No.272/2024 of the Additional District Court-VIII, Ernakulam, filed under Section 9 of the Arbitration and Conciliation Act, 1996 , for repossessing a hypothecated vehicle through the Advocate Commissioner appointed by the Court.

2. In this Appeal, this Court is called upon to adjudicate the rival claims between the appellant/financier and the 2^nd respondent/purchaser in confiscation proceedings, over a Toyota Innova Car. The 1^st respondent/original registered owner of the vehicle contends that the financier is to recover the hire purchase money from the vehicle itself and not to proceed against him.

3. The facts are more or less admitted by the parties. The 1^st respondent was the registered owner of a Toyota Innova Car bearing Reg.No.KL 23 F 6111. The vehicle was hypothecated with the appellant for the loan availed by the 1^st respondent as per the Hire Purchase Agreement. The hypothecation in favour of the appellant was duly endorsed in the Registration Certificate of the vehicle. The vehicle was involved in an NDPS offence. The vehicle was seized by the Excise Department. The 1^st respondent fil