Allowed

Mrf Limited v. M/S Sri Badmavathi Tyres

Madras HC7 Jun 2024A/2694/2024

Case brief

AI extract

What is this about?

The court allowed the plaintiff's application for the appointment of an Advocate Commissioner to inspect the defendant's showroom. The Commissioner was directed to report on the condition of dismantled machinery and display items belonging to the plaintiff. The application was allowed with directions to complete the inspection by 08.07.2024.

What did the court decide?

Appointment of Advocate Commissioner (Mr. D. Elumalai) to inspect Schedule A showroom and report on condition of machinery and display items; report due by 08.07.2024.

Mrf Limited Vs M/S Sri Badmavathi Tyres — Civil Procedure and Limitation | Madras HC (2024)

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A.No.2694 of 2024

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in C.S. (Comm.Div.) No. 101 of 2024

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A.No.2694 of 2024 in C.S. (Comm.Div.) No. 101 of 2024

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P.VELMURUGAN, J

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This application has been filed to appoint an Advocate Commissioner to inspect Schedule A showroom of the respondents/defendants and report (a) the condition of the machineries detailed in Schedule B of the plaint which is dismantled and retained in Schedule A showroom of the respondents/defendants and (b) display items and signages belonging to the plaintiff Company detailed in Schedule C dismantled and displayed in Schedule A showroom of the respondents/defendants.

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SCHEDULE - A

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M/s.Sri Badmavathi Tyes, No.125, Rajiv Gandhi Salai, OMR, Perungudi, Chennai, Tamil Nadu – 600 096.

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Sl.No.	Machinery in Bay 1	Estimated Value
1.	Wheel Aligner – Hunter Hawk Eye Elite HS 401 FC 3 D 4 Camera System	Rs.10,96,500/-
2.	Wheel Balancer – Hunter Smart Weight GSP 9222	Rs.3,59,040/-
3.	Scissor Lift – Ravaglioli 635.2 – ISI 3.5 Ton includes slip plates with Spacer and Accessories	Rs.7,34,400/-

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Page No.1/5 https://www.mhc.tn.gov.in/judis

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A.No.2694 of 2024 in C.S. (Comm.Div.) No. 101 of 2024

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Sl.No.	Machinery in Bay 1	Estimated Value
	Machinery In Bay 2
4.	Wheel Aligner – Hunter Hawk Eye Elite HS 401 FC 3 D 4 Camera System	Rs.10,96,500/-
5.	Wheel Balancer – Hunter Smart Weight GSP 9222	Rs.3,59,040/-
6.	Scissor Lift – Ravaglioli 635.2 – ISI 3.5 Ton includes slip plates with Spacer & Accessories	Rs.7,34,400/-

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SCHEDULE C

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*Item*	*Description*	*Qty (Nos)*
Tyre Stands	Tyre Display Rack – SUV Tyre Display Rack – Radial Tyre Display Rack – Tubeless Radial Tyre Display Rack – Two Wheeler Tyre Display Rack – Speciality New Arrival Display Stand Tyre Display Rack – Truck / LCV	1 2 1 1 1 1 1
Blow- Ups/Display	T & S Logo – Mural Racing Car display (Fibre Glass) Racing Motor Cycle (Fibre Glass) T & S Service Bay Blow - ups	2 1 1 4
Dealer Board	Glow Sign Index	1

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2. Heard the learned counsel for applicant / plaintiff and perused

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the materials available on record.

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Page No.2/5

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https://www.mhc.tn.gov.in/judis

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A.No.2694 of 2024 in C.S. (Comm.Div.) No. 101 of 2024

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3. Since the applicant has made out a prima-facie case, appointment of Advocate Commissioner is just and necessary to inspect Schedule A showroom of the respondents/defendants and report (a) the condition of the machineries detailed in Schedule B of the plaint which is dismantled and retained in Schedule A showroom of the respondents/defendants and (b) display items and signages belonging to the plaintiff Company detailed in Schedule C dismantled and displayed in Schedule A showroom of the respondents/defendants.

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4. Therefore, M r.D.Elumalai, Enrl.No.3130/2012, (Mobile

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No.8056284929), Chamber No.427, 5th Floor, Additional New Chamber, High Court Building, Chennai-600 104 is appointed as Advocate Commissioner with the following directions:

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(a) The learned Advocate Commissioner is directed to issue notice to both the parties and fix a “date” of his/her inspection.

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(b) Both the parties are directed to extend their fullest co-operation to the learned Advocate Commissioner.

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Page No.3/5 https://www.mhc.tn.gov.in/judis

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A.No.2694 of 2024

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in C.S. (Comm.Div.) No. 101 of 2024

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Commissioner is fixed at Rs.1,00,000/- (Rupees One Lakh only) which

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is to be paid by the applicant/plaintiff.

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(d) The learned Advocate Commissioner is directed to complete

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the inspection with the help of the qualified technical expert and file his/her report on or before 08.07.2024.

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technical expert.

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With the above directions, the application is allowed.

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List the matter on 08.07.2024 for filing report.

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07.06.2024

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Page No.4/5 https://www.mhc.tn.gov.in/judis

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A.No.2694 of 2024 in C.S. (Comm.Div.) No. 101 of 2024

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P.VELMURUGAN, J

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A.No.2694 of 2024 in

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C.S. (Comm.Div.) No. 101 of 2024

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07.06.2024 (2/2)

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Page No.5/5 https://www.mhc.tn.gov.in/judis

Mrf Limited v. M/S Sri Badmavathi Tyres

Case brief

What is this about?

What did the court decide?

Mrf Limited v. M/S Sri Badmavathi Tyres

Case brief

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What did the court decide?

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