1 A No. 4718 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-11-2025 CORAM THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR A No. 4718 of 2025 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 https://www.mhc.tn.gov.in/judis 2 A No. 4718 of 2025 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 https://www.mhc.tn.gov.in/judis 3 A No. 4718 of 2025 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. https://www.mhc.tn.gov.in/judis 4 A No. 4718 of 2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No 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 https://www.mhc.tn.gov.in/judis 5 A No. 4718 of 2025 N.SENTHILKUMAR J. ssk. A No. 4718 of 2025 in C.S.(Comm.Div.) No.243 of 2025 05-11-2025 https://www.mhc.tn.gov.in/judis