Madras High Court
M/S.Seatech Shipping & Projects ... vs Garuda Vaayu Shakthi Limited on 27 August, 2021
C.S.No.41 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.08.2021
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
C.S(Comm.Div.).No.41 of 2020
M/s.Seatech Shipping & Projects (I) Pvt.Ltd.,
at Moula Manor,
No.26, Coral Merchant Street,
Chennai-600 001
represented by its
Branch Manager/Authorized Signatory
Mr.R.Krishnamurthy ... Plaintiff
Vs.
Garuda Vaayu Shakthi Limited,
No.1 A, Saraswathi Street,
Mahalingapuram,
Nungambakkam, Chennai-600 034. ... Defendant
Prayer: The Civil Suit has been filed under Order IV Rule 1 of the
Original Side Rules read with Order VII Rule 1 of C.P.C, praying for
(i) Directing the Defendant to pay the Plaintiff the sum of
Rs.1,18,69,530.42P (Rupees One Crore Eighteen Lakhs Sixty Nine Thousand Five
Hundred Thirty and Forty Two paise only) (USD 1,71,649.03 X Rs.69.15/-) being
the suit claim amount;
1/5
https://www.mhc.tn.gov.in/judis/
C.S.No.41 of 2020
(ii) Directing the Defendant to pay the further interest at 10% per annum
on the principal amount Rs.1,18,69,530.42p (Rupees One Crore Eighteen Lakhs
Sixty Nine Thousand Five Hundred Thirty and Forty Two paise only) (USD
1,71,649.03 X Rs.69.15/-) from the date of the suit till the date of realization of the
suit amount;
(iii) Directing the Defendant to pay the Plaintiff the cost of the suit.
For Plaintiff : Mrs.Anitha Thomas
JUDGMENT
(This case has been heard through video conference)
The suit is filed for recovery of a sum of Rs.1,18,69,530.42p which is
equivalent to USD 1,71,649.03 and interest at the rate of 10% per annum from the
date of the suit till the date of realization.
2. The brief facts of the plaintiff case is that in the course of business,
the defendant has approached the plaintiff to carry 9 sets (27 Nos.) of EU 54 Rotor
Blade with Transport Supports, 26.5 meters Length each.
Dimension:26.60x1.70x2.60 meters each. The plaintiff has raised the following
invoices for the service rendered:
https://www.mhc.tn.gov.in/judis/
C.S.No.41 of 2020
Sl. Date Particulars Amount in Amount in INR
No. USD
1. 07.01.2017 Invoice No. 1,95,000.00 1,34,84,250.00
SSPIPL/FRT/128/2016-17
2. 19.01.2017 Invoice No. 33,925.00 22,96,425.00
SSPIPL/FRT/128/2016-17
3. 25.01.2017 Invoice No. 8,775.00 6,06,791.25
SSPIPL/FRT/135/2016-17
4. 01.02.2017 Invoice No. 29,750.00 20,57,213.00
SSPIPL/FRT/136/2016-17
5. 01.02.2017 Invoice No. 12,600.00 8,71,290.00
SSPIPL/FRT/137/2016-17
3. The ship owners discharged the cargo at Tuticorin port. Notice of
readiness was informed to the defendant by the Master of the ship vide letter dated
29.01.2017. Due to non payment of freight charges by the defendant, the vessel
could not berth and ultimately the plaintiff has cleared the freight charges and
thereby, the defendant owe the suit claim. Since the dispute arising out of import
of merchandise falling under the definition of commercial dispute, the suit has
been laid for the relief as stated above.
4. In spite of summons served on the defendant on 11.02.2020, the
defendant has not filed the written statement. Hence the right to file the written
https://www.mhc.tn.gov.in/judis/
C.S.No.41 of 2020
statement was forfeited. The plaintiff was directed to marshal their evidence before
the Additional Master IV. Accordingly, PW.1 has filed the proof affidavit and
marked 24 exhibits. The Work Order dated 30.09.2016, Bill of Lading dated
03.01.2017, Notice of Readiness dated 29.01.2017 indicates that the transship of
the goods on behalf of the plaintiff. Later, the e-mail correspondence between the
parties and the letter from VOC Port Trust to the defendant dated 11.10.2017
which is marked as Ex.P.17 clearly proves that the liability of the defendant which
has been discharged from the plaintiff. Therefore, this Court holds that the plaintiff
has proved the suit claim through Exhibits P1 to P24.
5. As a result, the suit is decreed as prayed for accordingly. No costs.
27.08.2021
rpl
https://www.mhc.tn.gov.in/judis/
C.S.No.41 of 2020
DR.G.JAYACHANDRAN, J.
rpl
C.S(Comm.Div.).No.41 of 2020
27.08.2021
https://www.mhc.tn.gov.in/judis/
