This short order dismisses an application for an Advocate Commissioner to inspect property but grants liberty to file a fresh prayer to appoint a commissioner to sell equipment in dispute under a memorandum of understanding.
Liberty granted to file a fresh application for appointment of an Advocate Commissioner to sell equipment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.S. No.339 of 2018
C.S. No.339 of 2018 and A. No.474 of 2024
ABDUL QUDDHOSE, J.
This application has been filed seeking for appointment of an Advocate Commissioner to inspect and submit a report to this Court.
2. The learned counsel for the applicant / plaintiff is not pressing this application. However, she seeks liberty of this Court to file a fresh application seeking for appointment of Advocate Commissioner to sell the equipments which are now lying in the applicant's premises.
3. The suit has been filed for refund of the security deposit amount paid by the plaintiff to the defendants as per the Memorandum of Understanding entered into between the plaintiff and the defendants, dated 25.05.2010 and the supplemental Memorandum of Understanding dated 09.11.2012.
4. The learned counsel for the plaintiff would submit that the application for appointment of an Advocate Commissioner has been filed to mitigate the loss suffered by the plaintiff on account of the breach of contract committed by the defendants. Since A. No.474 of 2024 has not been filed seeking permission of this Court to sell the equipments, which are now lying in the applicant's premises, the learned counsel for the plaintiff seeks time to file a fresh
C.S. No.339 of 2018
application seeking for such a prayer.
5. After recording the submissions made by the learned counsel for the applicant / plaintiff, this application is closed. However, liberty is granted to the learned counsel for the applicant to file a fresh application seeking for appointment of an Advocate Commissioner to sell the equipments which are now in the custody of the applicant and now lying in the applicant's premises in Hyderabad.
08.02.2024
vsi2
ABDUL QUDDHOSE, J.
C.S. No.339 of 2018
vsi2
C.S. No.339 of 2018 and
A. No.474 of 2024
08.02.2024
2 issues framed by the court
Whether liberty is granted to file a fresh application for appointment of an Advocate Commissioner to sell equipment lying in the applicant's premises.
Whether the application for appointment of an Advocate Commissioner for inspecting property is closed temporarily pending a fresh application.
Applicant / Plaintiff
Defendants
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
