Aung Naing Lin vs Owners And Parties Interested In ...
2021 Latest Caselaw 21558 Mad

                                                                                         C.S.No.1058 of 2008



                               IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                  DATED: 27.10.2021
                                                        CORAM:
                               THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                  C.S.No.1058 of 2008

                      1.Aung Naing Lin
                      2.Thike Soe
                      3.Myo Min Wai
                      On Board the Vessel MV VINASHIN ISLAND
                      Now lying at the Port of Tuticorin,
                      represented by their Power Agent,
                      Mr.C.D.Rajesh Kumar                                               ...Plaintiffs

                                                           Vs.

                      Owners and Parties interested in the Vessel,
                      MV.VINASHIN ISLAND,
                      Now lying at the Port of Tuticorin,
                      Tamil Nadu, represented by its Master                            ...Defendant

                      Prayer: Plaint filed under Order XLII Rule 1, 2 & 3 of the original side rules
                      r/w. Order VII Rule 1 of C.P.C., praying as follows:-
                                a) for a sum of US $ 33,675/- equivalent to Rs.15,82,725/-
                      calculated as per the prevailing exchange rate at 1 US$ = INR 47/- Indian
                      Rupees with interest at the rate of 24% p.s. From the date of this plaint till
                      date of realisation or such higher sum of Indian Rupees equivalent to the
                      exchange rate prevailing on the date of the judgment whichever is higher.
                                b) for arrest and sale of the Defendant Vessel MV VINASHIN


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                                                                                        C.S.No.1058 of 2008



                      ISLAND in as is where is condition, presently in Indian Waters at Port of
                      Tuticorin, Tamil Nadu.
                                c) for a direction to adjust the sale proceeds of the Defendant
                      Vessel MV VINASHIN ISLAND against the suit claim as well as for actual
                      cost of repatriation with interest and costs.
                                d) and for costs of the suit.
                                           For Plaintiffs       : Mr.S.Vasudevan
                                           For Defendant        : M/s.King & Patridge

                                                       JUDGMENT

Mr.S.Vasudevan, learned counsel appearing for the plaintiff would

submit that the suit has been settled out of Court and he seeks dismissal of

the suit as settled out of Court. He has also made an endorsement to that

effect.

2.In view of the same, this suit is dismissed as settled out of

Court. The entire Court fee paid on the plaint is directed to be refunded by

issuing a cheque in the name of the counsel for the plaintiff.

27.10.2021 kkn Internet:Yes Index: No Non-Speaking

http://www.judis.nic.in C.S.No.1058 of 2008

List of witness and documents filed on the side of the plaintiffs:

Nil

List of witness and documents filed on the side of the defendant:

Nil

27.10.2021 kkn

http://www.judis.nic.in C.S.No.1058 of 2008

R.SUBRAMANIAN, J.

KKN

C.S.No.1058 of 2008

27.10.2021

http://www.judis.nic.in