Bunker Partner Ou vs Owners And Parties Interested In ...
2022 Latest Caselaw 10266 Mad

                                                                                  C.S.No.97 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 15.06.2022

                                                    CORAM

                        THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                               C.S.No.97 of 2022
                                             and A.No.2074 of 2022

                     Bunker Partner OU
                     A Company incorporated under the Estonia
                     Laws and having its office at Narva Mnt 116-9,
                     10127 Tallinn, Estonia
                     Represented herein by its
                     Authorised Signatory – K.Sivaraj                        ... Plaintiff

                                                       Vs.

                     Owners and Parties interested in the
                     Vessel MV MAIA-1 (IMO:9358010)
                     Now lying at the
                     Port of V.O. Chidambaranar Port at Tuticorin
                     Represented herein by its Master                         ... Defendant



                     Prayer: Plaint filed under Order XLII Rules 1, 2 & 3 and Order IV Rule
                     1 of the Madras High Court O.S. Rules read with Sections 3 & 4 of the
                     Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017
                     read with Section 4 of the Commercial Courts, praying for:
                                  (a) For a sum of USD 22599.31 (INR 17,59,073 =
                            Rupees Seventeen Lakhs Fifty Nine Thousand and Seventy


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https://www.mhc.tn.gov.in/judis
                                                                                      C.S.No.97 of 2022

                            Three Only); [being the aggregate of the Principal unpaid
                            sum of USD 18446.36 (INR 14,35,818) and interest thereon
                            @ 3% ie, a sum of USD 202.95 (INR 15,797)] and further
                            interest on the Principal sum of USD 18446.36 (INR
                            14,35,818) @ 3% p.m from the date of this plaint till date of
                            actual 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 M V
                            MAIA-I, in as is where is condition, presently in Indian
                            Waters at Port of V.O.Chidambaranar at Tuticorin or
                            wherever available within the territorial waters of India;


                                      (c) For a direction to adjust the sale proceeds of the
                            defendant vessel M V MAIA-I against the suit claim;


                                      (d) and for costs of this suit.

                                       For Plaintiff        : Mrs.Shubharanjani Ananth

                                                            JUDGMENT

When the matter is taken up for hearing, the learned counsel

appearing for the plaintiff submitted that the vessels are sailed out of the

https://www.mhc.tn.gov.in/judis C.S.No.97 of 2022

territorial waters jurisdiction of this Court, therefore, the prayer sought

for in the present suit has virtually become infructuous. Hence, he seeks

permission of this Court to withdraw the Civil Suit with a liberty to fie

the suit on the same cause of action in the event the same ship enters into

the territorial waters jurisdiction of this Court.

2. Recording the submission made by the learned counsel

appearing for the plaintiff, this Civil Suit is dismissed as Withdrawn with

liberty to file fresh suit on the same cause of action in the event the same

ship enters into the territorial waters jurisdiction of this Court.

3. Registry is directed to refund the Court fee to the plaintiff as per

the Rules.

15.06.2022

rst

https://www.mhc.tn.gov.in/judis C.S.No.97 of 2022

KRISHNAN RAMASAMY,J.

rst

C.S.No.97 of 2022 and A.No.2074 of 2022

15.06.2022

https://www.mhc.tn.gov.in/judis