Kerala High Court
Malabar Agri Expo vs Mv Ever Chant on 12 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
ADML.S. NO. 3 OF 2023
PLAINTIFF:
M/S.MALABAR AGRI EXPO
A REGISTERED PARTNERSHIP FIRM HAVING ITS PRINCIPAL
PLACE OF BUSINESS AT 2/18 DIVYA EAST HILL,
KOZHIKODE,PIN - 673003 REPRESENTED BY ITS MANAGING
PARTNER SMT. VINODINI SADANANDAN AGED 73 YEARS D/O LATE
PALLIYAN NARAYANAN RESIDING AT 2/18 DIVYA EAST HILL,
KOZHIKODE, PIN-673005
BY ADVS.
V.M.SYAM KUMAR
SNEHA RAJIV
KRIPA ELIZABETH MATHEWS
DEFENDANTS:
1 MV EVER CHANT
OWNERS AND PARTIES INTERESTED IN THE VESSEL MV EVER
CHANT (IMO NO.9869980) A VESSEL FLYING THE FLAG OF
REPUBLIC OF PANAMA TOGETHER WITH HER HULL, TACKLE,
ENGINES, MACHINERY, PARAPHERNALIA AND ALL HER
APPURTENANT ON BOARD PRESENTLY LYING AT COCHIN PORT
WITHIN THE TERRITORIAL LIMITS OF THIS HON'BLE COURT,
PIN - 682504
2 EVERGREEN MARINE CORP. (TAIWAN) LTD
NO. 163, SECTION 1, XINNAN ROAD, LUZHU DISTRICT,
TAOYUAN CITY, TAIWAN 338 REPRESENTED BY EVERGREEN
SHIPPING AGENCY (INDIA) PRIVATE LTD 2ND FLOOR, BAB
TOWERS, MAHATMA GANDHI RD, NEAR COCHIN SHIPYARD,
ATLANTIS, KOCHI, KERALA REPRESENTED BY ITS BRANCH
MANAGER, PIN - 682015
3 EVERGREEN LINE' CONTAINER SHIPPING COMPANY,
NO. 163, SECTION 1, XINNAN ROAD, LUZHU DISTRICT,
TAOYUAN CITY, TAIWAN 338 REPRESENTED BY EVERGREEN
SHIPPING AGENCY (INDIA) PRIVATE LTD 2ND FLOOR, BAB
TOWERS, MAHATMA GANDHI RD, NEAR COCHIN SHIPYARD,
ATLANTIS, KOCHI, KERALA REPRESENTED BY ITS BRANCH
MANAGERV, PIN - 682015
ADML.S. NO. 3 OF 2023
2
4 EVERGREEN SHIPPING AGENCY (INDIA) PRIVATE LTD
2ND FLOOR, BAB TOWERS, MAHATMA GANDHI RD, NEAR
COCHIN SHIPYARD, ATLANTIS, KOCHI, KERALA
REPRESENTED BY ITS BRANCH MANAGER, PIN - 682015
5 COCHIN PORT AUTHORITY
WILLINGDON ISLAND, KOCHI, KERALA
BY ADVS.
V.J.MATHEW (SR.)
VIPIN P VARGHESE FOR R1 TO R4
ADARSH MATHEW FOR R1 TO R4
MERLINE MATHEW FOR R1 TO R4
CELINE JOHN FOR R1 TO R4
LATHA ANAND FOR R5
THIS ADMIRALTY SUIT HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
ADML.S. NO. 3 OF 2023
3
G.GIRISH, J.
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Adml.S.No.3 of 2023
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Dated this the 12th day of April, 2024.
JUDGMENT
The plaintiff has filed a memo dated 08.04.2024, stating that the parties have arrived at a settlement out of court and that there is no need to pursue the litigation any more.
Accordingly, permission is sought to withdraw this suit. A receipt dated 04.04.2024, is also filed in respect of payment of an amount of Rs.5,30,768.57/- by the defendants to the plaintiff.
2. Heard both sides.
3. It is submitted by the learned counsel representing both sides that the matter has been amicably settled between the parties and hence, there is no need to continue this suit.
4. Having regard to the above submissions of the learned counsel as well as the memo filed by the plaintiff, the suit is permitted to be withdrawn. ADML.S. NO. 3 OF 2023 4 In the result the suit is disposed as withdrawn.
Sd/-
G. GIRISH JUDGE LEK ADML.S. NO. 3 OF 2023 5 APPENDIX OF ADML.S. 3/2023 PETITIONER ANNEXURES Document No.1 TRUE COPY OF THE ACKNOWLEDGEMENT OF REGISTRATION OF THE FIRM DTD. 7TH AUGUST 2020 Document No.2 TRUE COPY OF THE IMPORTER EXPORTER CODE DTD. 01.01.2022 ISSUED TO THE PLAINTIFF BY THE DIRECTORATE OF FOREIGN TRADE Document No.3 TRUE COPY OF THE SALES AGREEMENT DTD.
25.01.2022 BETWEEN THE PLAINTIFF AND THE FOREIGN BUYER VV Document No.4 TRUE COPY OF THE INVOICE DTD 26TH JANUARY 2022 Document No.5 TRUE COPY OF PACKING LIST DTD 26TH JANUARY 2022 Document No.6 TRUE COPY OF THE CERTIFICATE OF ORIGIN BEARING NO. 56538/2021-2022 Document No.7 TTRUE COPY OF THE BILL OF LADING DTD.
11.02.2022 BEARING NO. EGLV103200008732 ISSUED BY THE 2ND DEFENDANT TO THE PLAINTIFF Document No.8 TRUE COPY OF THE SHIPPING BILL SUMMARY BEARING NO. 7968152 DTD 31.01.2022 Document No.9 TRUE COPY OF THE CONTAINER TRACKING REPORT OF CONTAINER NO. EMCU8475653 Document No.10 TRUE COPY OF THE JOINT SURVEY REPORT DTD.
30.05.2022 BEARING REFERENCE NO.KWT22IS0162 ADML.S. NO. 3 OF 2023 6 Document No.11 TRUE COPY OF THE INVOICE DTD. 03/04/2022 ISSUED BY KISCO, KUWAIT ALONG WITH ATTACHED SHEET STATING THE EXPENSES INCURRED AT KUWAIT Document No.12 TRUE COPY OF THE CREDIT NOTE DTD.
31.03.2022 ISSUED BY THE PLAINTIFF TO THE BUYER Document No.13 TRUE COPY OF THE E MAIL CORRESPONDENCE DTD.08.06.2022 WITH THE 2ND DEFENDANTS OFFICE IN TAIWAN