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Madras High CourtA/474/2024closed

Prasad Productions Private Limited v. M/S.3d Camera Company

2024-02-08Honourable Mr Justice Abdul Quddhose3 pages

and A. No.474 of 2024 ABDUL QUDDHOSE, J.

This application has been filed seeking for appointment of an Advocate Commissioner to inspect and submit a report to this Court.

2. The learned counsel for the applicant / plaintiff is not pressing this application. However, she seeks liberty of this Court to file a fresh application seeking for appointment of Advocate Commissioner to sell the equipments which are now lying in the applicant's premises.

3. The suit has been filed for refund of the security deposit amount paid by the plaintiff to the defendants as per the Memorandum of Understanding entered into between the plaintiff and the defendants, dated 25.05.2010 and the supplemental Memorandum of Understanding dated 09.11.2012.

4. The learned counsel for the plaintiff would submit that the application for appointment of an Advocate Commissioner has been filed to mitigate the loss suffered by the plaintiff on account of the breach of contract committed by the defendants. Since A. No.474 of 2024 has not been filed seeking permission of this Court to sell the equipments, which are now lying in the applicant's premises, the learned counsel for the plaintiff seeks time to file a fresh

application seeking for such a prayer.

5. After recording the submissions made by the learned counsel for the applicant / plaintiff, this application is closed. However, liberty is granted to the learned counsel for the applicant to file a fresh application seeking for appointment of an Advocate Commissioner to sell the equipments which are now in the custody of the applicant and now lying in the applicant's premises in Hyderabad.

08.02.2024 vsi2 ABDUL QUDDHOSE, J.

vsi2 and A. No.474 of 2024 08.02.2024