Tramp Oil & Marine Limited vs M.V. Adjud A Vessel Flying
2023 Latest Caselaw 15011 Mad

Citation : 2023 Latest Caselaw 15011 Mad
Judgement Date : 27 November, 2023

Madras High Court

Tramp Oil & Marine Limited vs M.V. Adjud A Vessel Flying on 27 November, 2023

Author: Abdul Quddhose

Bench: Abdul Quddhose

C.S. No.365 of 2000

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2023

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

C.S. (COMM. DIV.) No.365 of 2000

Tramp Oil & Marine Limited
Rep. by its Power Agent
Ranjan George .. Plaintiff
vs.

1. M.V. Adjud a vessel flying
the Flag of the Republic
of Romania rep. by its master

2. The Owners and all persons claiming
to be interested in the 1st
Defendant vessel “M.V. Adjud”
rep. by C.N.M. Romline Shipping
Company,
S.A. Having office at
Camin Poarta 2,
Incinta Port 8700,
Constantza, Romania
lying at
Chennai Harbour. ... Defendants

Prayer : Plaint filed under Order 42 Rule 2 of Original Side Rules
prays for the following :
a) that the defendants be jointly and severally or alternatively be
ordered and decreed to pay to the plaintiffs the sum of US $87,468.92
equivalent to Rs.38,18,018 calculated as per the exchange rate of US $ 1
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C.S. No.365 of 2000

= INR 43.65 applicable on 6.5.2000 or for such sum of Indian Rupees
Equivalent to the sum of US Dollars as per the prevailing exchange rates
on the date of Judgment, whichever is higher together with interest
thereon at 2% per month (as per bunker confirmation and / or standard
terms and conditions of sale) from the date of this suit till payment and
realisation and poundage and costs.
(b) a notice \ direction to be issued to the Deputy Conservator of
the Port at Chennai not to allow the defendant vessel to sail;
(c) arrest and sale of the vessel M.V. Adjud together with her
engine, geards, tackles, bunkers, machinery, apparel, plant, furniture and
paraphernalia, presently berthed at the Port of Chennai, Chennai
Harbour, and for adjusting the proceeds of the sale towards the suit
claim, interest and costs and
(d) for costs of the suit.
For Plaintiff : Ms. J.N. Preethi

JUDGEMENT

It is informed by the learned counsel for the plaintiff that the

defendant-vessel has sailed away. However, she seeks time to get

instructions.

2. Being an admiralty suit and since the defendant-vessel is no

longer available, the question of keeping this suit pending will not arise.

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

3. After recording the submission made by the learned counsel for

the plaintiff that the defendant-vessel M.V. Adjud is no longer available

within the territorial jurisdiction of this Court, this suit is closed.

27.11.2023

Index: Yes/ No Speaking order / Non speaking order Neutral citation : Yes / No vsi2