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Madras High CourtA/2703/2021ordered

Mr.Meyaragan And Another v. M/S.Alliance Infrastructure Projects Pvt. Ltd. And Another

2021-09-21Honourable Mr Justice V. Parthiban9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 28TH DAY OF OCTOBER 2021 THE HON'BLE MR. JUSTICE V.PARTHIBAN in C.S.No.328 of 2020 C.S.No.328 of 2020 M/s.Alliance Infrastructure Projects Pvt. Ltd. (Formerly known as Alliance Retreat Pvt. Ltd.,) Rep. by its Authorised Signatory, Mr.N.Sivakumar, Plot "A", 36/1, Gandhi Mandapam Road, Kotturpuram, Chennai 600085.

... Plaintiff -Vs1. Mr.Meyaragan S/o.Mr.Alagu, Old No.168, New No.68, M.S.Koil Street, Royapuram, Chennai - 600 013 Also at :

No.25, Hill View Avenue, Glendale Park, #06-05, Singapore - 669558.

2. Mrs.Meyaragan Vellyammal W/o.Mr.Meyaragan Old.No.168, New No.68, M.S.Koil Street, Royapuram, Chennai - 600 013.

Also at No.25, Hill View Avenue, Glendale Park, #06-05, Singapore - 669558.

3. The Joint Sub-Registrar NGS Enclave, Manickam Salai, Kundrathur, Chennai - 600069.

... Defendants

1. Mr.Meyaragan S/o.Mr.Alagu, Old No.168, New No.68, M.S.Koil Street, Royapuram, Chennai 600 013 Also at, No.25, Hill View Avenue, Glendale Park, #06-05, Singapore-669558.

2. Mrs.Meyaragan Vellyammal W/o.Mr.Meyaragan Old.No.168, New No.68, M.S.Koil Street, Royapuram, Chennai 600 013.

Also at No.25, Hill View Avenue, Glendale Park, #06-05, Singapore -669558.

... Applicants/Defendants 1 & 2 -Vs-

1. M/s.Alliance Infrastructure Projects Pvt. Ltd. (Formerly known as Alliance Retreat Pvt. Ltd.,) Rep. by its Authorised Signatory, Mr.N.Sivakumar, Plot "A", 36/1, Gandhi Mandapam Road, Kotturpuram, Chennai 600085.

... 1st Respondent/Plaintiff

2. The Joint Sub-Registrar NGS Enclave, Manickam Salai, Kundrathur, Chennai - 600069.

... 2nd Respondent/ 3rd Defendant Application praying that this Hon'ble Court be pleased to pass an order appointment of Advocate Commissioner to inspect the schedule described property and to note down the present condition and physical features pertaining to the same.

This Application coming on this day before this Court for hearing in the presence of Mr.T.Dharani, Advocate for the applicant herein and Mr.L.P.Shanmuga Sundaram, Advocate Commisioner appearing in person and upon reading the memo dated 26.10.2021 and the order herein dated 21.09.2021 and t he Court made the following orders:- Earlier, this Court vide order dated 21.09.2021 in A.No.2703 of 2021, appointed Mr.L.P.Shanmuga Sundaram, learned counsel as Advocate Commissioner to inspect the schedule property and note down the present condition and physical features of the same and file a report before this Court on or before 28.10.2021 and fixed the initial remuneration of the Advocate Commissioner as Rs.50,000/- (Rupees Fifty Thousand only) and other incidental charges that may incur while carrying out his assignment.

2. Today, when the matter is taken up for hearing, the Advocate Commissioner completed his assignment and filed a report before this Court. He also filed a memo dated 26.10.2021, seeking additional remuneration of Rs.60,000/- for the assignment that he carried out. The contents of the memo shall form part and parcel of this order.

3. The report of the Advocate Commissioner is taken on record. In view of the memo dated 26.10.2021, filed by the Advocate Commissioner, the applicants/defendants are directed to pay a sum of Rs.60,000/- (Rupees Sixty Thousand only) towards additional remuneration to the Advocate Commissioner, within a period of two weeks from the date of receipt of a copy of this order.

4. Post the matter on 15.11.2021.

WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 28TH DAY OF OCTOBER 2021.

Sd/- ASSISTANT REGISTRAR (O.S-II) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

ED 08.11.2021 in C.S.No.328 of 2020 ORDER:

DATED : 28.10.2021 THE HON'BLE MR.JUSTICE V.PARTHIBAN FOR APPROVAL: 09/11/2021 APPROVED ON : 09/11/2021 Copy To :

Mr.L.P.Shanmugasundaram, Advocate Commissioner, Office at No.15/8, Kondi Chetty Street, Opp to High Court, Bar Counsil, Chennai - 600 001.

(Mobile No. 9444142063)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 28TH DAY OF OCTOBER 2021 THE HON'BLE MR. JUSTICE V.PARTHIBAN in C.S.No.328 of 2020 C.S.No.328 of 2020 M/s.Alliance Infrastructure Projects Pvt. Ltd. (Formerly known as Alliance Retreat Pvt. Ltd.,) Rep. by its Authorised Signatory, Mr.N.Sivakumar, Plot "A", 36/1, Gandhi Mandapam Road, Kotturpuram, Chennai 600085.

... Plaintiff -Vs1. Mr.Meyaragan S/o.Mr.Alagu, Old No.168, New No.68, M.S.Koil Street, Royapuram, Chennai - 600 013 Also at :

No.25, Hill View Avenue, Glendale Park, #06-05, Singapore - 669558.

2. Mrs.Meyaragan Vellyammal W/o.Mr.Meyaragan Old.No.168, New No.68, M.S.Koil Street,

Royapuram, Chennai - 600 013.

Also at No.25, Hill View Avenue, Glendale Park, #06-05, Singapore - 669558.

3. The Joint Sub-Registrar NGS Enclave, Manickam Salai, Kundrathur, Chennai - 600069.

... Defendants

1. Mr.Meyaragan S/o.Mr.Alagu, Old No.168, New No.68, M.S.Koil Street, Royapuram, Chennai 600 013 Also at, No.25, Hill View Avenue, Glendale Park, #06-05, Singapore-669558.

2. Mrs.Meyaragan Vellyammal W/o.Mr.Meyaragan Old.No.168, New No.68, M.S.Koil Street, Royapuram, Chennai 600 013.

Also at No.25, Hill View Avenue, Glendale Park, #06-05, Singapore -669558.

... Applicants/Defendants 1 & 2 -Vs-

1. M/s.Alliance Infrastructure Projects Pvt. Ltd. (Formerly known as Alliance Retreat Pvt. Ltd.,) Rep. by its Authorised Signatory, Mr.N.Sivakumar, Plot "A", 36/1, Gandhi Mandapam Road, Kotturpuram, Chennai 600085.

... 1st Respondent/Plaintiff

2. The Joint Sub-Registrar NGS Enclave, Manickam Salai, Kundrathur, Chennai - 600069.

... 2nd Respondent/ 3rd Defendant Application praying that this Hon'ble Court be pleased to pass an order appointment of Advocate Commissioner to inspect the schedule described property and to note down the present condition and physical features pertaining to the same.

This application coming on this day before this Court for hearing the Court made the following orders:- Earlier, this Court vide order dated 21.09.2021 in A.No.2703 of 2021, appointed Mr.L.P.Shanmuga Sundaram, learned counsel as Advocate Commissioner to inspect the schedule property and note down the present condition and physical features of the same and file a report before this Court on or before 28.10.2021 and fixed the initial remuneration of the Advocate Commissioner as Rs.50,000/- (Rupees Fifty Thousand only) and other incidental charges that may incur while carrying out his assignment.

2. Today, when the matter is taken up for hearing, the Advocate Commissioner completed his assignment and filed a report before this Court. He also filed a memo dated 26.10.2021, seeking additional remuneration of Rs.60,000/- for the assignment that he carried out. The contents of the memo shall form part and parcel of this order.

3. The report of the Advocate Commissioner is taken on record. In view of the memo dated 26.10.2021, filed by the Advocate Commissioner, the applicants/defendants are directed to pay a sum of Rs.60,000/- (Rupees Sixty Thousand only) towards additional remuneration to the Advocate Commissioner, within a period of two weeks from the date of receipt of a copy of this order.

4. Post the matter on 15.11.2021.

Sd./- V.P.N.J 28.10.2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.