The High Court of Kerala dismissed the Admiralty Suit No.1 of 2020 as settled out of court upon submission by both parties.
Demand Draft to be returned to the fourth defendant; Suit dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 02ND DAY OF JULY 2020 / 11TH ASHADHA, 1942
Adml.S..No.1 OF 2020
PLAINTIFF
COLOMBO DOCKYARD PLC, A COMPANY INCORPORATED UNDER THE FOREIGN LAWS HAVING ITS ADDRESS AT P.O.BOX 906, PORT OF COLOMBO 15, SRI LANKA, REP BY ITS AUTHORISED SIGNATORY MR. BOTHALAGE BATHIYA MANARUWAN SENEVIRATHNA.
BY ADVS. SRI.V.B.HARI NARAYANAN SRI.VIJU ABRAHAM SMT.SWETHA MARIA JOHN SMT.ARCHANA U.
DEFENDANTS:
1 M.T.HANSA PREM, (IMO 9225330) (AND HER OWNER AND ALL OTHER PERSONS CONCERNED AND/OR INTERESTED IN HER), A MOTOR VESSEL FLYING THE FLAG OF INDIA TOGETHER WITH HER HULL, TACKLE, ENGINES, MACHINERY, BOATS, BUNKERS, EQUIPMENT, PARAPHERNALIA AND OTHER APPURTENANCES PRESENTLY IN THE PORT AND HARBOUR OF KOCHI AND/OR WITHIN THE TERRITORIAL WATERS OF INDIA AND WITHIN THE ADMIRALTY JURISDICTION OF THIS HON'BLE COURT.
2 OWNERS AND PARTIES INTERESTED IN THE VESSAL M.T HANSA PREM (IMO 9225330) PRESENTLY ANCHORED WITHIN THE KOCHI PORT LIMITS REPRESENTED BY THE MASTER OF THE VESSEL.
3 MASTER OF THE VESSEL M.T. HANSA PREM (IMO 9225330) PRESENTLY ANCHORED WITHIN THE KOCHI PORT LIMITS.
ADDITIONAL D4 IMPLEADED 4 EXPORT IMPORT BANK OF INDIA, FLOOR 21, CENTRE ONE BUILDING, WORLD TRADE CENTRE COMPLEX, CUFFE PARADE, MUMBAI - 400005 REP BY ITS DEPUTY GENERAL MANAGER, MR.SATYA SHIVA SASWAT, AGED 41 YEARS, S/O MR.MAHI RANJAN DASH.
(ADDITIONAL D4 IS IMPLEADED VIDE ORDER DATED 24/02/2020 IN IA 2/2020)
Adml.S..No.1 OF 2020 2
D4 BY ADVS.SRI. V.J.MATHEW (SR.) SRI.VIPIN P.VARGHESE SRI.ADARSH MATHEW SMT. DHANYA T MALLAR SMT.ATHIRA ANTONY A. SRI.S.K.KASHYAP
THIS ADMIRALTY SUIT HAVING BEEN FINALLY HEARD ON 02.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Adml.S..No.1 OF 2020 3
JUDGMENT
The matter is settled out of court, fairly submitted by the learned counsel for the plaintiff. The same is endorsed by the counsel appearing for the opposite party. The Demand Draft, which is in safe custody shall be returned to the fifth
defendant. The suit is dismissed as settled out of court.
Sd/-
P.SOMARAJAN
JUDGE
//TRUE COPY// P.A. TO JUDGE
msp
Adml.S..No.1 OF 2020 4
The words 'fifth defendant' occurring in lines
5 and 6 of the judgment dated 02.07.2020 in Admiralty Suit No.1 of 2020 stand corrected as 'fourth defendant' as per order dated 25.08.2020 in Admiralty Suit No.1/2020.
Sd/-
DEPUTY REGISTRAR
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
