Mrs.A.R.Yasmeen vs Owners And Parties Interested
2021 Latest Caselaw 9192 Mad

Citation : 2021 Latest Caselaw 9192 Mad
Judgement Date : 7 April, 2021

Madras High Court

Mrs.A.R.Yasmeen vs Owners And Parties Interested on 7 April, 2021

                                             C.S.(Com.Div.) No.122 of 2021
                                                    and A.No.1333 of 2021

       IN THE HIGH COURT OF JUDICATURE AT MADRAS

                            Dated : 07.04.2021

                                CORAM:

      THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

                    C.S.(Com.Div.) No.122 of 2021
                        and A.No.1333 of 2021


Mrs.A.R.Yasmeen,
Sole Proprietriz,
M/s.Multiport,
No.5/2, Periamet,
Kattur Sadaiappan Street,
Chennai-600 003.                                             .. Plaintiff


                                 /versus/


Owners and parties interested
in the Vessel M.T.ARK PIONEER,
now lying at the Port of Chennai
and is Represented by its Master.                           .. Defendant

         This Civil Suit is filed under Order IV Rule 1 Original Side
Rules read with Order VII Rule 1 of CPC Read With Section 5, and
Sections 16   R/W Rule 2 and 3 of the Admiralty (Jurisdiction and
Settlement of Maritime Claims) Act, 2017, prayed for (a) For a sum of
Rs.13,42,748.63 (Rupees Thirteen Lakhs Forty Two Thousand Seven


1/5
                                                 C.S.(Com.Div.) No.122 of 2021
                                                        and A.No.1333 of 2021

Hundred and Forty Eight and paise Sixty Three only) with further interest
at 24% per annum on Rs.9,45,733.35 from the date of plaint till the date
of realization in full;


           (b) For Arrest and sale of the defendant Vessel being M.T.ARK
PIONEER, in as is where is condition, together with her engines, gears,
tackles,   apparels,      plant,   machinery, furniture   and   fittings and
paraphernalia presently in Indian Waters at Chennai Port, Tamil Nadu,
India;


           (c) For a direction to adjust the sale proceeds of the defendant
Vessel being M.T.ARK PIONEER against the suit claim;


           (d) For costs of this Suit;


                       For plaintiff        : Mr.S.Vasudevan


                                   JUDGMENT

The suit is filed for arrest of the Vessel in view of money

payable to the plaintiff.

C.S.(Com.Div.) No.122 of 2021 and A.No.1333 of 2021

2. This Court, at the time of admission being satisfied with the

plea of the plaintiff, had ordered the arrest of the Vessel M.T.ARK

PIONEER berthed at the port of Chennai till 07.04.2021.

3. The plaintiff had filed a memo dated 29.03.2021 reporting

that before the Vessel could be arrested, the defendant has come forward

to settle the money due and had settled the same to the satisfaction of the

plaintiff and therefore, the arrest warrant was not executed and also the

Vessel has left from Chennai Port. In the memo, the plaintiff has sought

for recording the satisfaction of the suit claim and order refund of full