Madras High Court
Monjasa Pte Ltd vs Owners And Parties Interested In ... on 2 December, 2022
C.S(Comm.Div.) No.234 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2022
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN
Civil Suit (Commercial Division) No.234 of 2022
and
Application No.5478 of 2022
Monjasa Pte Ltd.,
1 George Street # 20-05 Singapore 049145,
represented herein by its Authorized
Representative Mr.Lucas Jayakumar ... Plaintiff
Versus
Owners and Parties interested in the Vessel
MV Ti2 Apple (IMO No.9172595) now
Lying at the Port of Chennai and represented
Herein by its Master ... Defendant
Prayer: The Civil Suit filed under Order XLII Rule 1, 2 and 3 of the
Original Side Rules r/w. Order VII Rule 1 of the Code of Civil Procedure,
1908 and the Provisions of the Commercial Courts Act, 2015, seeking to
pass a Judgment and Decree, to order the arrest and sale of the Vessel MV
TI2 APPLE, having IMO No.9172595, flying the flag of Panama, now
lying at Chennai Port, within the jurisdiction of this Court along with her
hull, engines, gears, tackles, bunkers machinery, apparel, plant, furniture,
fixtures, appurtenances and paraphernalia, plant and machinery at present
1/5
https://www.mhc.tn.gov.in/judis
C.S(Comm.Div.) No.234 of 2022
lying at Chennai Port and direct the deposit of the sale proceeds in this
Court and for an order and decree in favour of the plaintiff and against the
defendant for a sum of USD 199,714/- equivalent to Rs.1,63,26,620/-
(Rupees One Crore Sixty Three Lakhs Twenty Six Thousand Six Hundred
and Twenty Only), (calculated at current exchange rate of 1 USD = INR
81.75) together with further interest at the rate of 18% per annum on the
principal amount Rs.1,63,26,620/- from the date of institution of the suit till
payment/realization, together with costs.
For plaintiff : Ms.Deepika Murali
JUDGMENT
The matter had been listed, on permission being sought by the
learned counsel for the plaintiff.
2. It was originally listed to be heard on 06.12.2022. It is stated that
consequent to the order of arrest of the Vessel, the defendant had settled
the entire suit claim.
3. A Memo had been filed by the learned counsel for the plaintiff
seeking permission to withdraw the suit.
https://www.mhc.tn.gov.in/judis
C.S(Comm.Div.) No.234 of 2022
4. The Vessel is still anchored in the Port of Chennai and unless
orders are passed it will continue to remain in the Port and that would also
incur further charges to be paid to the Port authorities.
5. Keeping all these factors into consideration, I would grant
permission to hear the suit.
6. In the Memo filed by the applicant/plaintiff, it had been very
specifically stated that the defendant had settled the claim of the plaintiff
and therefore stated that the order of arrest dated 29.11.2022 should be
vacated and the Port authorities be permitted to release the Vessel. The
plaintiff seeks to withdraw the suit as settled out of Court.
7. The defendant had not entered appearance. But as a fact, since the
plaintiff seeks to withdraw the suit, I would dismiss the suit as settled out
of Court.
8. The learned counsel for the plaintiff also made the following
endorsement in the plaint.
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C.S(Comm.Div.) No.234 of 2022
“Suit may be dismissed as withdrawn
Sd/.
Counsel for plaintiff
02/12/2022”
9. In view of the fact that the suit is dismissed as settled out of Court,
and the defendant has also not entered appearance, the plaintiff is entitled
to refund the Court fees in accordance with rules.
10. The learned counsel for the plaintiff is permitted to handover in
person, the necessary order raising the order of arrest of the Vessel.
11. In view of the above, the suit is dismissed as settled out of Court.
No costs. Consequently, the connected application stands closed.
02.12.2022
Index:Yes/No
Speaking Order : Yes/No
ssi
Note: Issue order Copy today (02.12.2022)
https://www.mhc.tn.gov.in/judis
C.S(Comm.Div.) No.234 of 2022
C.V.KARTHIKEYAN,J.,
ssi
C.S(Comm.Div.) No.234 of 2022
and A.No.5478 of 2022
02.12.2022
https://www.mhc.tn.gov.in/judis
