M/S. Lighthouse Marine Service ... vs Owners And Parties Interested In ...
2023 Latest Caselaw 8268 Mad

                                                                                    C.S. No.21 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 13.07.2023

                                                        CORAM

                                  THE HONOURABLE Ms. JUSTICE R.N.MANJULA

                                              C.S. No.21 of 2023
                                                     and
                     A.Nos.585,586,870,1103,1104,1102,1101,1106,1105,1504 & 1505 of 2023


                    M/s. Lighthouse Marine Service India Private Limited,
                    A Company registered under the Indian Companies Act, 2013
                          and having its Registered Office at Flat No.A8,
                    Srinivasa Arcade, II Floor, 1 /2 Arunachalam Road,
                    Saligramam, Chennai – 600 093
                    represented by
                    its Managing Director.                                              ... Plaintiff

                                                           Vs.

                    Owners and Parties interested in the Vessel
                    M.V.Mahavir having IMO No:9209491
                    now lying at the Kamarajar Port Limited,
                    Ennore
                    represented herein by her Master                                ... Defendants

                              Civil Suit is filed under Order XLII Rules 1,2 and 3 of the Original
                    Side Rules read with Order VII Rule 1 of the Code of Civil Procedure and
                    Section 2(1)(c)(iii) of the Commercial Courts Act, 2015 (as amended) and
                    Section 4(i) (l) and Section 5 of the Admiralty (Jurisdiction and Settlement
                    of Maritime Claims) Act, 2017.



                    1/4

https://www.mhc.tn.gov.in/judis
                                                                                                C.S. No.21 of 2023



                                    For Plaintiff          :   Mr.R.Venkatesh

                                    For Defendant          :   Mr.B.Dhanaraj


                                                       JUDGMENT

When the matter is taken up today, the learned counsel for the plaintiff

filed an affidavit dated 12.07.2023 stating that the dues have been paid and

as of now there are no pending dues.

2. It is worthwhile to refer paragraph No.4 of the said affidavit which

reads as follows:

“ ...4. It is respectfully submitted that the total amount of Rs.4,13,00,000/- has been settled to the vendors and after settled the above said amount, there was balance no amount available to pay the GST amount. Therefore we are unable to pay the GST, TDS, PF amount within the stipulated time. As per the undertaking affidavit filed by me dated 28.03.2023, this Hon'ble Court was granted four weeks time to settle the entire due amount to the concern authorities. I am unable to pay GST amount, since the entire amount has been settled to the vendors only. Due to the financial situations only, we unable to pay the GST amount in time and now I pledged my wife's jewels and we have settled the entire GST, TDS, PF amount and as on date no due is pending.”

https://www.mhc.tn.gov.in/judis C.S. No.21 of 2023

3. In view of the submission made by the learned counsel for the

plaintiff and the affidavit filed, the Civil Suit is dismissed as settled out of

Court. No costs. The plaintiff is entitled to avail full Court fee as per the

Judgment of the Hon'ble Supreme Court in “The High Court of Judicature

at Madras Vs. M.C.Subramanian and others” in S.L.P.Nos.3063 & 3064

of 2021 dated 17.02.2021. Connected applications are closed.

                                                                                        13.07.2023
                    Index                : Yes/No
                    Speaking Order       : Yes / No
                    bkn






https://www.mhc.tn.gov.in/judis
                                        C.S. No.21 of 2023



                                  R.N.MANJULA, J.,

                                                    bkn




                                   C.S. No.21 of 2023




                                           13.07.2023






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