M/S Kaleesuwari Refinery Pvt Ltd v. M/S.Sri Amman Oil Mill

N.SATHISHKUMAR, J.

This application is filed for appointment of Advocate Commissioner to visit the subject site along with a licensed Civil Engineer/Valuer to evaluate the value of the work executed by the applicant from the foundation to the present stage of construction in the site plot No.142, situated in Samson Saroja Street, Golden George Nagar, Mogappair East, Chennai 600 107.

2. The dispute arose out of the Building Agreement dated 18.8.2019 entered into between the parties. The dispute itself is in the nature of construction put up by the parties, this Court is of the view that without going into the allegations of both sides, to know the correct particulars of the construction put up by the parties and the stage of the construction, this Court is inclined to appoint Mr.R.Bhagawat Krishna, Advocate, as Commissioner to visit the subject matter of the construction, along with Civil Engineer and note down the physical features of the construction, nature of construction, stage of the construction, construction work already completed and the work yet to be completed and file a report before this Court.

3. Accordingly, Thiru R.Bhagawat Krishna, Advocate, New No.326, Old No.170, 3rd Floor, Sai Kripa Building, Thambu Chetty Street, Chennai 600 1/3

001, Mobile No.9940246230 is hereby appointed as Advocate Commissioner. The Advocate Commissioner shall inspect the property situated in Plot No.142, Samson Saroja Street, Golden George Nagar, Mogappair East, Chennai 600 107 along with a Civil Engineer and note down the physical features of the construction, nature of construction, stage of the construction, construction work already completed and the work yet to be completed and file a report before this Court. The Advocate Commissioner is directed to file a report before this Court on or before 9.9.2019.

4. The Advocate Commissioner shall issue prior notice to the parties. The fee of the Advocate Commissioner shall be Rs.30,000/- (Rupess thirty thousand only) apart from the expenses payable to the Civil Engineer and the same shall borne by both sides.

5. For filing counter by the respondent and for filing report by the Advocate Commissioner, post on 9.9.2021.

1.9.2021 Note: Registry is directed to issue warrant to the Advocate Commissioner on 3.9.2019.

vaan 2/3

N.SATHISHKUMAR, J.

vaan Dated: 1.9.2021 3/3