Caplin Steriles Limited v. Cholamandalam Ms General Insurance Company Limited
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-11-2025
CORAM
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR in C.S.(Comm.Div.) No.243 of 2025
1. Caplin Steriles Limited represented by its Authorised Signatory M.Sathyanarayanan, Ashvich Towers, No. 3, Developed Plots Industrial Estate, Perungudi, Chennai 600096 Tamil Nadu, India Applicant(s) Vs
1. Cholamandalam MS General Insurance Company Limited Registered office and Head Office at Dare House, 2nd Floor, No.2, NSC Bose Road, Chennai-600001 Respondent(s) PRAYER Direct the Appointment of an Advocate Commissioner to ascertain the
appropriate salvage value of the insured machinery manufactured by Tofflon and Syntegon for the purpose of removal and consequent disposal of the same from its current storage at Caplin One Labs Limited situated in Kakkalur, Tiruvallur District.
For Applicant(s):
M/s.Rahul Balaji Madhan Babu(1450/2002) Vishnu Mohan(2572/2012) Mob-9171132492 For Respondent:
M/s.M.B.Gopalan Associates
ORDER
The present Application has been filed seeking appointment of Advocate Commissioner to ascertain the appropriate salvage value of the insured machinery manufactured by Tofflon and Syntegon for the purpose of removal and consequent disposal of the same from its current storage at Caplin One Labs Limited situated in Kakkalur, Tiruvallur District.
2. The applicant/plaintiff has filed a memo stating that the Advocate Commissioner shall inspect and take inventory of the Lyophiliser manufactured by Tofflon and the Lyo-vial filling line manufactured by Syntegon.
3. Similarly, the defendant has filed a memo expressing no objection, for appointment of advocate commissioner, however claimed that the Advocate Commissioner be directed to conduct the sale through M/s.MSTC Ltd, which is
a public undertaking, which conducts sale of such machineries through e-auction after due notice to parties.
4. Accordingly, Ms.Tharika Sai S.Mohan (3478/2025) (Mobile No.9840987642) is appointed as Advocate Commissioner for the above exercise. The Advocate Commissioner will have coordination with M/s.MSTC Limited. The Advocate Commissioner shall complete the entire exercise within a period of 12 weeks. Initial remuneration of the Advocate Commissioner is fixed as Rs.1,00,000/-, which shall be borne by the applicant/plaintiff.
5. It is submitted by the learned counsel for the respondent that M/s.MSTC Limited shall follow their own procedures in the above exercise and make a claim for their charges with the applicant.
6. The charges that would be claimed by MSTC shall be paid by the applicant within a period of two weeks from the date of such claim. The money realized from the salvation shall be deposited with the plaintiff. Accordingly, the application stands allowed.
05-11-2025 ssk.
Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.Cholamandalam MS General Insurance Company Limited Registered office and Head Office at Dare House, 2nd Floor, No.2, NSC Bose Road, Chennai-600001
N.SENTHILKUMAR J.
ssk.
in C.S.(Comm.Div.) No.243 of 2025 05-11-2025