Allowed

Caplin Steriles Limited v. Cholamandalam Ms General Insurance Company Limited

Madras HC5 Nov 2025A/4718/2025

Case brief

AI extract

What is this about?

Application in a commercial suit for appointment of an Advocate Commissioner to assess the salvage value of insured machinery manufactured by Tofflon and Syntegon, stored at Kakkalur. With the respondent's consent and coordination with MSTC Ltd, the court allowed the application, appointing a Commissioner to complete the exercise within 12 weeks.

What did the court decide?

Advocate Commissioner Ms.Tharika Sai S.Mohan appointed to assess salvage value and coordinate sale via MSTC Ltd within 12 weeks; remuneration Rs.1,00,000/- borne by applicant.

Caplin Steriles Limited Vs Cholamandalam Ms General Insurance… — Insurance | Madras HC (2025)

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1 A No. 4718 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05-11-2025

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CORAM

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THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR

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A No. 4718 of 2025 in

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C.S.(Comm.Div.) No.243 of 2025

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Caplin Steriles Limited represented by its Authorised Signatory M.Sathyanarayanan, Ashvich Towers, No. 3, Developed Plots Industrial Estate, Perungudi, Chennai 600096 Tamil Nadu, India

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Applicant(s)

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Cholamandalam MS General Insurance Company Limited Registered office and Head Office at Dare House, 2nd Floor, No.2, NSC Bose Road, Chennai-600001

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Respondent(s)

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PRAYER

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Direct the Appointment of an Advocate Commissioner to ascertain the

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

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2 A No. 4718 of 2025

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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.

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For Applicant(s): M/s.Rahul Balaji Madhan Babu(1450/2002) Vishnu Mohan(2572/2012) Mob-9171132492

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For Respondent: M/s.M.B.Gopalan Associates

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ORDER

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The present Application has been filed seeking appointment of Advocate

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Commissioner to ascertain the appropriate salvage value of the insured machinery manufactured by Tofflon and Syntegon for the purpose of removal

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and consequent disposal of the same from its current storage at Caplin One Labs

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Limited situated in Kakkalur, Tiruvallur District.

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The applicant/plaintiff has filed a memo stating that the Advocate

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Commissioner shall inspect and take inventory of the Lyophiliser manufactured

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by Tofflon and the Lyo-vial filling line manufactured by Syntegon.

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Similarly, the defendant has filed a memo expressing no objection, for

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appointment of advocate commissioner, however claimed that the Advocate

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Commissioner be directed to conduct the sale through M/s.MSTC Ltd, which is

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

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A No. 4718 of 2025

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a public undertaking, which conducts sale of such machineries through

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e-auction after due notice to parties.

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Accordingly, Ms.Tharika Sai S.Mohan (3478/2025) (Mobile

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No.9840987642) is appointed as Advocate Commissioner for the above exercise. The Advocate Commissioner will have coordination with M/s.MSTC

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Limited. The Advocate Commissioner shall complete the entire exercise within

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a period of 12 weeks. Initial remuneration of the Advocate Commissioner is

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fixed as Rs.1,00,000/-, which shall be borne by the applicant/plaintiff.

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It is submitted by the learned counsel for the respondent that

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M/s.MSTC Limited shall follow their own procedures in the above exercise and

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make a claim for their charges with the applicant.

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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

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money realized from the salvation shall be deposited with the plaintiff.

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Accordingly, the application stands allowed.

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05-11-2025

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ssk.

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

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4 A No. 4718 of 2025

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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1.Cholamandalam MS General Insurance Company Limited Registered office and Head Office at Dare House, 2nd Floor, No.2, NSC Bose Road, Chennai-600001

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

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A No. 4718 of 2025

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N.SENTHILKUMAR J.

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ssk.

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A No. 4718 of 2025 in

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C.S.(Comm.Div.) No.243 of 2025

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05-11-2025

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

Caplin Steriles Limited v. Cholamandalam Ms General Insurance Company Limited

Case brief

What is this about?

What did the court decide?

Caplin Steriles Limited v. Cholamandalam Ms General Insurance Company Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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