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Judgment
Ashok Menon, Chairperson
The matter is taken up for hearing by way of a praecipe filed by the applicant for seeking urgent relief.
Respondent No.15 in Appeal No.27/2024 who is also respondent No. 13 in Appeal No.18/2024 is the successful auction purchaser, is concerned about the theft taking place of the movables in the factory which is a secured asset that has been taken possession of by the bank and therefore, he has moved an application for the appointment of an advocate commissioner to take an inventory of the movable articles lying within the premises. The Ld. Counsel appearing for the respondent bank submits that the bank is taking proper care of the properties and that there is no possibility of any pilferage at the premises. It is also submitted that they don’t have any objection to the appointment of an advocate commissioner to inspect the property and take an inventory of the articles lying within the premises. The Ld. Counsel appearing for the borrower has very vehemently opposed this application stating that such an application is only a ruse to get the disposal of the appeals protracted by such dilatory tactics. I do not find any reason to find that the hearing of the appeals which stands posted on 11.09.2024 for hearing would get protracted because of the appointment of an advocate commissioner. The inventory can be taken and the list of the articles available on the premises can be recorded and the report submitted before the hearing. It is in no way going to protract the hearing of the appeals. Therefore, the application is allowed and the Advocate Ms Aarti Suvarna is appointed as commissioner to inspect the property and prepare an inventory of the movables found at the premises. A remuneration of ₹30,000/- shall be paid by the applicant directly to the commissioner and a memo filed. Arrangement shall also be made by the applicant for the travel and accommodation of the commissioner to facilitate her to complete the work. Notice shall be served by the commissioner on all the parties concerned before inspection, and the inspection shall be conducted as expeditiously as possible and the report shall be filed preferably before 11.09.2024.
List on 11.09.2024 for a hearing.
Interim orders, if any, shall continue till the next date.