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Madras High CourtArb Appln/480/2025closed

Tsr Films Private Limited v. Palaniappa Talkies

2025-06-12Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2025

CORAM

THE HONOURABLE Mr. JUSTICE ABDUL QUDDHOSE M/s.TSR Films Private Limited Rep. by its authorised signatory Mr.R.P.Balamurugan No.2 (Old No.29), Lake Area First Cross Street, Nungambakkam Chennai-600034.

... Applicant Vs.

M/s.Palaniappa Talkies No.4/921, Mallapuram Colony Usilampatti, Madurai, Tamilnadu-625532.

... Respondent PRAYER: Arbitration Application filed under Order XIV Rule 8 Original Side Rules read with Section 9(ii)(c) & (e) of the Arbitration and Conciliation Act, 1996, praying to grant an order appointing an advocate commissioner to visit the respondent premises, theatres, auditorium, screens, projector room and any other premises of the respondent along with local police protection to break open if necessary, and to seize and take custody of the applicant's equipment specifically

described in the schedule to the Judge's Summons and hand them over to the applicant pending final adjudication of the disputes between the parties through arbitration.

For Applicant : Mr.Dhanaram Ramachandran For Respondent : Set exparte

O R D E R

Notice sent to the respondent has been duly served. The affidavit of service enclosing the acknowledgment card received from the respondent has been filed. The name of the respondent is also printed in the cause-list today. Despite service of notice in this application, no one has entered appearance on behalf of the respondent. Hence, the respondent is set exparte by this Court.

2. The Advocate Commissioner appointed by this Court in this application has also taken inventory as directed by this Court. The Advocate Commissioner has also filed a report confirming that he has taken inventory.

3. The learned counsel for the applicant submits that since the inventory has been taken as prayed for in this application and the

respondent has been set exparte, this application may be closed.

4. The Advocate Commissioner seeks for payment of additional remuneration. The initial remuneration has already been paid to the Advocate Commissioner by the applicant. The applicant is directed to pay the additional remuneration of Rs.20,000/- to the Advocate Commissioner within a period of two weeks from the date of receipt of a copy of this order. Since the Advocate Commissioner has already taken inventory, which is the prayer sought for in this application and since the respondent has been set exparte, this application is closed. 12.06.2025 Maya

ABDUL QUDDHOSE, J.

Maya Dated : 12.06.2025