Madras High Court
Indovation Exports Private ... vs Owners And Parties Interested In ... on 30 June, 2023
C.S.(commdiv)No.53 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
C.S.(Comm.Div.)No.53 of 2023
and
A.No.1409 of 2023
Indovation Exports Private Limited,
1A/S2, Lift No.2, 3rd Floor, Lotus Block,
MKM Banu Garden, Sivanthipatti Road,
Maharaja Nagar, Tirunelveli – 627 011.
Represented by its Director,
Mr.T.Kalyanasundaram ... Plaintiff
Vs
1. Owners and Parties interested in the
TUG SG VICTORY (IMO: 9491276)
AND BARGE OLYMPIC SEBUKU which
is presently lying in the V.O.C. Port, Tuticorin,
represented by its Master herein.
2. Mr.Mohamad Faisi,
S/o.S.A.Majeed,
No.109, G.N.Chetty Road,
T.Nagar,
Chennai. ... Defendants
1/5
https://www.mhc.tn.gov.in/judis
C.S.(commdiv)No.53 of 2023
Prayer: This Civil Suit is filed under Section 3 read with Section 4 & 5 of
the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act 2017
and Section 7 and 12 of the Commercial Courts act read with Order
Order IV Rule 1 of the O.S Rules read with Order XL II Rules 1, 2 and 3
of OS Rules, prayed for a Judgment and Decree:-
a) For a sum of USD 177,072.00 (US Dollars one hundred seventy-
seven thousand, Seventy Two only) equivalent to INR
1,46,26,678.42 (Rupees One Crore Forty Six Lakhs Twenty Six
Thousand Seven Hundred and Sixty Six and Ninety Five Paise
Only) calculated as per the exchange rate of INR 82.603 per USD
1 on 28.02.2023 or such other higher rate as on the date of decree
along with an interest of 18% per annum on the Principal of USD
1,62,750.00 from the date of this Plaint till the realization of the
amount in full;
b) For an Order of Arrest of the Defendant TUG SG VICTORY
(IMO:9491276) and BARGE OLYMPIC SEBUKU in as is
where is condition, together with her hull, gear, tackle, engines,
machinery, bunkers, equipment, furniture, fixture and all other
paraphernalia and appurtenances, presently lying at V.O.C Port,
Tuticorin;
c) For an Order of Sale of the Defendant TUG SG VICTORY
(IMO:9491276) and BARGE OLYMPIC SEBUKU in as is
where is condition, together with her hull, gear, tackle, engines,
machinery, bunkers, equipment, furniture, fixture and all other
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https://www.mhc.tn.gov.in/judis
C.S.(commdiv)No.53 of 2023
paraphernalia and appurtenances, presently lying at V.O.C. Port,
Tuticorin and to adjust the sale proceeds of the Vessel against the
Plaintiff's claim;
d) For costs of the present Suit;
For Plaintiffs : Mr.S.Vasudevan
For Respondent : Mr.M.Palanivel
JUDGMENT
Today when the matter is taken up for hearing, the learned
counsels on either side submitted that the balance amount had been paid.
However, the learned counsel for the plaintiff would submit that the
defendant has approached the GST Authorities with regard to the refund
of certain amounts in his favour. If such a claim is made by the
defendant, it is also open for the plaintiff to approach the authorities
2. In such view, the learned counsel for the plaintiff seeks
permission of this Court to withdraw the Civil Suit. He also made an
endorsement to that effect in the Court bundle.
https://www.mhc.tn.gov.in/judis
C.S.(commdiv)No.53 of 2023
3. In view of the endorsement made by the learned counsel for
the plaintiff the Civil Suit is dismissed as withdrawn. No costs.
Consequently, connected application is closed.
30.06.2023
Internet : Yes/No
Neutral Citation : Yes/No
Index : Yes/No
Speaking Order/Non-Speaking Order
rgm
Note: Registry is directed to refund the Court Fee
as applicable.
https://www.mhc.tn.gov.in/judis
C.S.(commdiv)No.53 of 2023
K.KUMARESH BABU, J.
rgm
C.S.(Comm.Div.)No.53 of 2023
and
A.No.1409 of 2023
30.06.2023
https://www.mhc.tn.gov.in/judis
