Spence & Co vs Owners And Parties Interested
2022 Latest Caselaw 15570 Mad

                                                                                      C.S.No.82 of 1999

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     Dated : 20.09.2022

                                                          CORAM:

                            THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN

                                                     C.S.No.82 of 1999


                     Spence & Co.,
                     a Registered Partnership Firm,
                     rep. by M.Ramachandran,
                     Managing Partner,
                     220, N.S.C., Bose Road,
                     Chennai-1                                                         .. Plaintiff
                                                           /versus/

                     Owners and parties interested
                     in the vessel (Tanker) “MARTINIQUE”
                     represented by its Master now at the
                     port of Chennai, Chennai.                                         .. Defendant

                                   This Civil Suit is filed under Order XLII Rule III of the High
                     Court Original Side Rules, prayed for a judgment and decree against the
                     Defendant:-
                                   a).For a sum of Rs.3,15,112/- together with interest at the rate of
                     18% per annum on Rs.2,92,602/- (being equivalent of US$ 6927.13) from
                     the date of plaint till the date of realization in full;
                                   b).For arrest and sale of the vessel “MARTINIQUE” in as is
                     where is condition, presently in Indian waters at the Port of Chennai,
                     India;

                     1/3
https://www.mhc.tn.gov.in/judis
                                                                                    C.S.No.82 of 1999

                                  c).For a direction to adjust the sale proceeds against the suit
                     claim with interest and costs;
                                  d).For costs of this suit.


                                       For Plaintiff            : Mr.K.Bijay Sundar
                                       For Defendant            : No appearance

                                                        JUDGMENT

The cause for institution of the suit had arisen in the year 1998

when invoices were raised and the defendant who are the owners of the

vessel had admitted liability. The claim was for a sum of Rs.3,15,112/-

which also included the interest component. Now, it is nearly about 25

years since the suit had been instituted. There is no indication to show that

the cause still survives.

2.In view of the above observation, the suit is dismissed. No

order as to costs.

20.09.2022

smv

Internet : Yes / No Index : Yes / No

https://www.mhc.tn.gov.in/judis C.S.No.82 of 1999

C.V.KARTHIKEYAN,J.

smv

C.S.No.82 of 1999

20.09.2022

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