Lyubarets Viktor vs Owners And Parties Interested In ...
2021 Latest Caselaw 14217 Mad

                                                                                C.S.No.76 of 2004

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 15.07.2021

                                                       CORAM

                               THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                                   C.S.No.76 of 2004

                     1.Lyubarets Viktor

                     2.Mykhaylo Yusufovych
                     Officers of Board
                     The vessel M.T.AMER RHINE now
                     Lying at the Port of Tuticorin
                     represented by their
                     Power of attorney agent
                     M.Arunachalam                                                ...Plaintiffs

                                                          .Vs.
                     Owners and Parties Interested in the
                     Vessel M.T.AMER RHINE
                     Represented by its Master
                     Now lying at the Port of Tuticorin                          ... Defendant


                               Plaint filed under Order XLII Rule III of the Original Side Rules

                     praying for a judgment and decree against the defendant:

                               a) For a sum of US $ 36,088/- equivalent to Indian Rupees
                     16,60,048/- calculated at the rate of 1 US $ = 46.00 together with wages,
                     all allowances and repatriation charges till the last date of discharge with

                     Page No.1/4
https://www.mhc.tn.gov.in/judis/
                                                                                   C.S.No.76 of 2004

                     interest at the rate of 24% p.a from date of this plaint till date of
                     realisation;
                               b) For arrest and sale of the vessel M.T.AMER RHINE in as is
                     where is condition, presently in Indian waters at the port of Chennai and
                               c) For a direction to adjust the sale proceeds against the suit claim
                     with interest and costs
                               d) and for costs of this suit.
                                      For Plaintiff        : Mr.S.Vasudevan

                                                           ********

                                                    JUDGMENT

The suit has been filed praying for a judgment and decree against

the defendant:

a) For a sum of US $ 36,088/- equivalent to Indian Rupees 16,60,048/- calculated at the rate of 1 US $ = 46.00 together with wages, all allowances and repatriation charges till the last date of discharge with interest at the rate of 24% p.a from date of this plaint till date of realisation;

b) For arrest and sale of the vessel M.T.AMER RHINE in as is where is condition, presently in Indian waters at the port of Chennai and

c) For a direction to adjust the sale proceeds against the suit claim with interest and costs

d) and for costs of this suit.

Page No.2/4 https://www.mhc.tn.gov.in/judis/ C.S.No.76 of 2004

2. It is seen from the endorsement of the learned Master dated

20.11.2004 that the matter has been settled. Mr.S.Vasudevan, learned

counsel appearing for the plaintiffs is unable to either affirm or deny the

said endorsement. However, since it is a Court proceeding, the same is

accepted and the suit is dismissed as settled out of Court. No costs.

                                                                                    15.07.2021
                     dsa
                     Index          : No
                     Internet       : Yes
                     Non-Speaking order

List of the witnesses examined on the side of the plaintiff: Nil List of Exhibits marked on the side of the plaintiff : Nil List of the witnesses examined on the side of the defendants: Nil List of Exhibits marked on the side of the defendants: Nil

15.07.2021 dsa

Page No.3/4 https://www.mhc.tn.gov.in/judis/ C.S.No.76 of 2004

R.SUBRAMANIAN, J.

dsa

C.S.No.76 of 2004

15.07.2021

Page No.4/4 https://www.mhc.tn.gov.in/judis/