Torque Technics vs Owners And Parties Interested In Vessel ...
2025 Latest Caselaw 7179 Mad

Madras High Court

Torque Technics vs Owners And Parties Interested In Vessel ... on 17 September, 2025

                                                                                       C.S.(Comm.Div.) No.131 of 2025

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 17.09.2025

                                                            CORAM

                                  THE HONOURABLE MR.JUSTICE N. SENTHILKUMAR

                                           C.S.(Comm.Div.) No.131 of 2025
                                                and A.No.2420 of 2025

                     Torque Technics,
                     Rep. by its authorized Signatory K.Gurumurthi
                     No. 37/20, 3rd Lane, North Beach Road,
                     Chennai 600001.                                                         ... Plaintiff


                                                                vs.


                     Owners and Parties interested in vessel Sea Hunter
                     having IMO No. 9549827 Having Indian Flag,
                     Now lying at withing Cuddalore Port Limits, Port Road, Old town,
                     Cuddalore - 607 003.
                     Represented by its Master.                              .. Defendant




                     Prayer: Plaint filed under Sections 3, 4, 5 of the Admiralty (Jurisdiction
                     and Settlement of Maritime Claims) Act, 2017 R/W Order VII Rule 1 of
                     Civil Procedure Code, 1908 and Order IV Rule 1 & Rule 2 & Order XLII,
                     O.S. Rules 1956, prays for the Judgment and Decree against the defendant as
                     follows:


                     1/8




https://www.mhc.tn.gov.in/judis              ( Uploaded on: 23/09/2025 04:39:38 pm )
                                                                                             C.S.(Comm.Div.) No.131 of 2025

                                  A. That the defendant vessel directed to pay the plaintiff towards the
                     suit claim made a sum of Rs.4,12,118/- (Rupees Four Lakhs Twelve
                     Thousand One hundred and Eighteen only) together with interest calculated
                     as per section 15 & 16 of MSMED Act 2006 totaling to Rs.6,42,085/-
                     (Rupees Six Lakhs Forty-Two Thousand Eighty-Five Only) totaling at
                     Rs.10,54,203/- (Rupees Ten Lakhs Fifty-Four Thousand two Hundred and
                     Three Only) along with the further interest from the date of plaint till the
                     date of realization;
                                  B. That the defendant Vessel be detained/arrested from sailing away
                     from the Port limits of Cuddalore, Port Road, Old Town/Indian Territorial
                     waters by an order of arrest, together with her hull, tackle engine,
                     machinery, spares, gear, apparel, paraphernalia, furniture articles, things on
                     board, etc.;
                                  C. Award cost of the suit.



                     For Plaintiff : Ms. P.Bhavani Devi

                     For Defendant : Mr.H.Siddharth


                                                          JUDGMENT

The suit was filed as an admiralty action for recovery of a sum of

Rs.10,54,203/-. The matter was referred for mediation to the Tamil Nadu

Mediation and Conciliation Centre. The plaintiff and the defendant

https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/09/2025 04:39:38 pm ) C.S.(Comm.Div.) No.131 of 2025

participated in such mediation. The said parties arrived at a settlement and

executed the Settlement Agreement dated 11.08.2025. The Mediation Centre

has placed on record mediation report dated 11.08.2025 enclosing the

Settlement Agreement. The Settlement Agreement is extracted hereunder:

https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/09/2025 04:39:38 pm ) C.S.(Comm.Div.) No.131 of 2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/09/2025 04:39:38 pm ) C.S.(Comm.Div.) No.131 of 2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/09/2025 04:39:38 pm ) C.S.(Comm.Div.) No.131 of 2025

2. Recording the Settlement Agreement dated 11.08.2025,

C.S.(Comm.Div.) No.131 of 2025 is decreed in terms thereof. Such

Settlement Agreement dated 11.08.2025 shall form an integral part of the

decree. Since a settlement was recorded pursuant to a reference to mediation,

https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/09/2025 04:39:38 pm ) C.S.(Comm.Div.) No.131 of 2025

refund of Court fee shall be made to the plaintiff, if eligible. There will be no

order as to costs. Consequently, connected application stands closed.

17.09.2025

Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No

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https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/09/2025 04:39:38 pm ) C.S.(Comm.Div.) No.131 of 2025

N. SENTHILKUMAR,J.

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C.S.(Comm.Div.) No.131 of 2025

17.09.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/09/2025 04:39:38 pm )