Malabar Agri Expo vs Mv Ever Chant
2024 Latest Caselaw 10857 Ker

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.
                ---------------------------------------------
                         Adml.S.No.3 of 2023
              -------------------------------------------------
                  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

In the result the suit is disposed as withdrawn.

Sd/-

G. GIRISH JUDGE

LEK ADML.S. NO. 3 OF 2023

PETITIONER ANNEXURES

Document No.1 TRUE COPY OF THE ACKNOWLEDGEMENT OF REGISTRATION OF THE FIRM DTD. 7TH AUGUST

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

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

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