M Murali v. Sri Krishna Sweets Pvt Ltd
A NO. 4668 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-09-2025
CORAM
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR A NO. 4668 of 2025 IN C.S(COMM DIV) NO. 197 OF 2024 M Murali No. 25, Chinnaya Street T. Nagar, Chennai - 600 017 Applicant(s) Vs Sri Krishna Sweets Pvt Ltd 137 D B Road, R.S.Puram, Coimbatore 641 002.
Respondent(s) For Applicant(s):
M/s.Vidhya Shankar K.V.Subha R.Krishnamurthy For Respondent(s):
Mr.N.Sridhar for Mr.Athiban Vijay
ORDER
This application has been filed to appoint an Advocate Commissioner to record the evidence deposed by DW1 in Transfer C.S.(Comm.Div) No.197 of 2024
2. This Court by its earlier order dated 22.10.2024, appointed Mr.P.Ganesan, Former District Judge as advocate commissioner to record the evidence in both the suit and the OPs. However, the said order was
recalled subsequently, by this Court.
3. Today, both the learned counsel, who are appearing for the contesting parties would submit on instructions that the parties are agreeable for the re-appointment of the same Advocate Commissioner, who was earlier appointed by this Court to record the evidence of both the parties in the premises of the Madras High Court Arbitration Center. In fact, the petitioner in the Trade Mark O.Ps has already paid the initial remuneration of Rs.25,000/- to Mr.P.Ganesan, Advocate Commissioner.
4. By consent of both the contesting parties, the following directions are issued by this Court.
a) Mr.P.Ganesan, Former District Judge, who was earlier appointed by this Court on 22.10.2024 as Advocate Commissioner is once again reappointed by this Court as Advocate Commissioner to record the evidence of both the contesting parties in both the suit as well as in the OPs; b) The Advocate Commissioner shall complete recording the evidence of the parties on or before 16.10.2025;
c) The parties shall appear before the Advocate Commissioner without fail in the premises of the Madras High Court Arbitration Center at Chennai on 08.10.2025;
d) The cost of the Arbitration Center shall be borne equally by both the contesting parties;
e) Registry is directed to handover the case bundle to the Advocate Commissioner with proper acknowledgment from the Advocate Commissioner to enable the Advocate Commissioner to record the evidence;
f) Based upon this order, the Arbitration Center shall give accommodation to both the parties to enable the Advocate Commissioner to record evidence. However, the cost will have to be paid upfront and shared equally by both the parties.
5. This Application is ordered accordingly.
23-09-2025 (6/7) kmi To
1. Sri Krishna Sweets Pvt Ltd 137 D B Road, R.S.Puram, Coimbatore 641 002.