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Madras High CourtA/2485/2022allowed

Ms. Premila And Another v. Sri Bala Builders And Promotors Pvt Ltd

2022-08-08Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

A.No.2485 of 2022 in C.S.No.488 of 2019 SENTHILKUMAR RAMAMOORTHY,J This application is presented by the defendants seeking permission to cross-examine the Advocate Commissioner and the Chartered Engineer.

2. Learned counsel for the applicants states that the critical question in the suit is the valuation of the building. In relation thereto, it is stated that the basis of valuation has not been properly indicated in the report. Therefore, it is stated that it is necessary to cross-examine both the learned Advocate Commissioner and the Chartered Engineer.

3. Learned counsel for the plaintiff states that the learned Advocate Commissioner continues to be indisposed and that the Chartered Engineer may be examined first.

4. Upon considering the reasons stated by the applicant and being satisfied that sufficient cause is shown for cross-examining the https://www.mhc.tn.gov.in/judis Page No.1/2

SENTHILKUMAR RAMAMOORTHY, J kal Chartered Engineer and the learned Advocate Commissioner, this application is allowed. However, in view of the learned Advocate Commissioner being indisposed, the applicant shall cross-examine the Chartered Engineer first. For such purpose, the matter is listed before the learned III Additional Master III on 17.08.2022 for the examination of the Chartered Engineer. Such cross-examination shall be concluded on or before 18.08.2022.

List before this Court on 22.08.2022 for further directions. 08.08.2022 kal A.No.2485 of 2022 in C.S.No.488 of 2019 https://www.mhc.tn.gov.in/judis Page No.2/2