Rajitha Menon vs Owners And Parties Interested In
2023 Latest Caselaw 13040 Mad

                                                                                   C.S.(Comm. Div.)No.216 of 2023
                                                                                             & A.No.4880 of 2023




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 22.09.2023

                                                           CORAM:

                                     THE HONOURABLE MS.JUSTICE R.N.MANJULA

                                                C.S.(Comm. Div.)No.216 of 2023
                                                      & A.No.4880 of 2023

                     Rajitha Menon,
                     Proprietrix, M/s.Indian Ship Repair,
                     No.20, Ground Floor, Beach House,
                     Second Line Beach Road, Parrys,
                     Chennai - 600 001.                   ...                      Plaintiff

                                                                versus

                     Owners and Parties interested in
                     the Vessel MV KHALEJIA ANA 5
                     lying at the Ennore Port, Chennai and
                     Represented herein by its Master      ...                     Defendant

                     PRAYER: Civil Suit filed under Order VII Rule 1 of the Code of Civil
                     Procedure read with Order IV Rule 1 of Madras High Court Original Side
                     Rules and Section 16 of the Admiralty (Jurisdiction and Settlement of
                     Maritime Claims) Act, 2017 and Rules 2 and 3 of the Rules for Regulating
                     the Procedure and Practice in Cases brought before this Court in the
                     exercise of its Admiralty jurisdiction framed by this Court, praying for a
                     judgment and decree against the defendant :-
                                  (a) for a sum of US $ 58,869 (US Dollar Fifty Eight thousand Eight
                                     Hundred Sixty Nine only) equivalent to Rs.48,84,361/- (Rupees
                                     Forty Eight Lakhs Eighty Four Thousand Three Hundred and
                                     Sixty One only) calculated at the rate of 1 US $ = Rs.82.97 along

                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                         C.S.(Comm. Div.)No.216 of 2023
                                                                                                   & A.No.4880 of 2023




                                       with interest @ 18% p.a. from the date of this plaint till the date of
                                       realization of such higher rate as on the date of decree;
                                  (b) for arrest and sale of the defendant Vessel MV KHALEJIA ANA
                                       5 in as is where is condition, together with the engines, tackles,
                                       cranes, paraphernalia, fixtures, furniture and fittings, presently in
                                       Indian waters at Ennore Port, Chennai, Tamil Nadu State, India
                                       within the jurisdiction of this Court and territorial waters of India;
                                  (c) for a direction to adjust the sale proceeds of the defendant Vessel
                                       MV KHALEJIA ANA 5 against the suit claim;
                                  (d) and for costs of this suit.

                                  For Plaintiff                      : Mr.P.Giridharan

                                                     JUDGMENT

The learned counsel for the plaintiff has filed a memo dated

22.09.2023 stating that the suit claim has been settled and hence the suit

may be dismissed as settled out of Court by refunding the full Court Fee.

The said memo is recorded.

2. In view of the same, the suit in C.S.No.216 of 2023 is

dismissed as settled out of Court. The refund of Court Fee is ordered in

accordance with law. No costs. Consequently, Application No.4880 of 2023

is closed.

https://www.mhc.tn.gov.in/judis C.S.(Comm. Div.)No.216 of 2023 & A.No.4880 of 2023

3. In view of the dismissal of this suit as settled, the Vessel MV

KHALEJIA ANA 5 which has been arrested as per the order of this Court

dated 15.09.2023 is now ordered to be released.

4. Registry is directed to issue Release Warrant in the prescribed

Form to the learned counsel for the plaintiff for immediate service upon the

defendant's Vessel.

22.09.2023 Note : Warrant may be issued today

Speaking order / Non Speaking Order Index : Yes / No Neutral Citation : Yes / No

sri

Copy to :

1.The Sub Assistant Registrar, Original Side, High Court of Madras.

2.The Record Keeper, Original Side Records Section, High Court of Madras.

https://www.mhc.tn.gov.in/judis C.S.(Comm. Div.)No.216 of 2023 & A.No.4880 of 2023

R.N.MANJULA, J.

sri

C.S.(Comm. Div.)No.216 of 2023 & A.No.4880 of 2023

22.09.2023

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