Aditya Marines vs Owners And Parties Interested In The
2024 Latest Caselaw 21419 Mad

Madras High Court

Aditya Marines vs Owners And Parties Interested In The on 11 November, 2024

Author: Abdul Quddhose

Bench: Abdul Quddhose

                                                                             C.S. (Comm.Div.) No.150 of 2024

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 11.11.2024

                                                            CORAM

                                    THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                    C.S. (Comm.Div.) No.150 of 2024 and A.No.4198 of 2024

                     Aditya Marines,
                     represented by its Managing Partner
                     Rama Raju                                                     .. Plaintiff

                                                              -vs-

                     Owners and Parties interested in the
                     Vessel Dolphin No.1,
                     IMO No.9153317, Flying with Indian Flag,
                     Now lying at the Karaikal Port, Karaikal,
                     represented herein by its Master                        .. Defendant
                     Prayer: Plaint filed under Order XLII, Rule 1, 2 and 3 of the Madras High
                     Court Original Side Rules read with Order VII Rule 1 of C.P.C. and Sections
                     3 & 4 of the Admiralty (Jurisdiction and Settlement of Maritime Claims)
                     Act, 2017 and Section 7 of the Commercial Courts Act, 2015 prays for a
                     judgment and decree againstthe defendant vessel as follows:
                                  a)for a sum of Rs.35,71,342.47 (Rupees Thirty Five Lakhs Seventy
                     One Thousand Three Hundred and Forty Two and Forty Seven Paise) along
                     with interest @ 24% p.a. from the date            of the plaint till the date of
                     realisation or such higher rate as on the date of decree;
                                  b)for arrest and sale of the defendant vessel Dolphin No.1 in as is
                     where is condition, together with the engines, tackes, cranes, paraphernalia,
                                                                           ABDUL QUDDHOSE, J.

                     1/2

https://www.mhc.tn.gov.in/judis
                                                                                 C.S. (Comm.Div.) No.150 of 2024



                                                                                                           vga

                     fixtures, furniture and fittings, presently in Indian Waters at Karaikal Port,
                     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
                     Dolphin No.1 against the suit claim and
                                  d)for costs of this suit.
                                         For Plaintiff        :    Mr.Aditya Sarangarajan

                                         For Defendant        :    Mr.K.M.Anand

                                                          JUDGMENT

Learned counsel for the plaintiff submits that this suit has been settled

out of Court. He has made an endorsement to that effect in the Court bundle.

Accordingly, this Suit is dismissed as settled out of Court.

2.Registry is directed to refund full court fees to the plaintiff.

Consequently, connected application is closed. No costs.

11.11.2024

vga C.S. (Comm.Div.) No.150 of 2024 and A.No.4198 of 2024

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