C.S.No.82 of 1999
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 20.09.2022
CORAM:
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
C.S.No.82 of 1999
Spence & Co.,
a Registered Partnership Firm,
rep. by M.Ramachandran,
Managing Partner,
220, N.S.C., Bose Road,
Chennai-1 .. Plaintiff
/versus/
Owners and parties interested
in the vessel (Tanker) “MARTINIQUE”
represented by its Master now at the
port of Chennai, Chennai. .. Defendant
This Civil Suit is filed under Order XLII Rule III of the High
Court Original Side Rules, prayed for a judgment and decree against the
Defendant:-
a).For a sum of Rs.3,15,112/- together with interest at the rate of
18% per annum on Rs.2,92,602/- (being equivalent of US$ 6927.13) from
the date of plaint till the date of realization in full;
b).For arrest and sale of the vessel “MARTINIQUE” in as is
where is condition, presently in Indian waters at the Port of Chennai,
India;
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C.S.No.82 of 1999
c).For a direction to adjust the sale proceeds against the suit
claim with interest and costs;
d).For costs of this suit.
For Plaintiff : Mr.K.Bijay Sundar
For Defendant : No appearance
JUDGMENT
The cause for institution of the suit had arisen in the year 1998 when invoices were raised and the defendant who are the owners of the vessel had admitted liability. The claim was for a sum of Rs.3,15,112/- which also included the interest component. Now, it is nearly about 25 years since the suit had been instituted. There is no indication to show that the cause still survives.
2.In view of the above observation, the suit is dismissed. No order as to costs.
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