An Admiralty suit filed by Jotun India Private Limited against a vessel and Cochin Port Trust was dismissed as withdrawn by the plaintiff who had settled the matter with the respondents.
Suit dismissed as withdrawn by the plaintiff.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 7TH DAY OF FEBRUARY 2023 / 18TH MAGHA, 1944
ADML.S. NO. 1 OF 2023
P LAINTIFF:
JOTUN INDIA PRIVATE LIMITED
FULCRUM, A-WING, 601-602, NEXT TO HYATT
REGENCY, SAHAR ROAD, ANDHERI EAST, MUMBAI
400099 REPRESENTED BY ITS AUTHORISED SIGNATORY
MR. SUGHIL VELANDI, AGED 30, S/O M. SURENDRAN,
RESIDING AT GURUJYOTHI, KOTTAM, P.O MUNDALUR,
KANNUR, KERALA - 670622
BY ADV PRANOY K.KOTTARAM
DEFENDANTS:
1MV PENNA SURAKSHA (IMO NO. 9310599)
(AND HER OWNERS AND ALL OTHER PERSONS CONCERNED
AND/OR INTERESTED IN HER)
A VESSEL FLYING THE FLAG OF INDIA TOGETHER WITH
HER HULL, TACKLE, MACHINERY, BOATS, BUNKERS,
EQUIPMENT, PARAPHERNALIA AND ALL OTHER
APPURTENANCES PRESENTLY IN THE PORT AND HARBOUR
OF COCHIN, WITHIN THE TERRITORIAL WATERS OF
INDIA AND WITHIN THE ADMIRALTY JURISDICTION OF
THIS HON'BLE COURT, REPRESENTED BY HER MASTER
2DEPUTY CONSERVATOR
COCHIN PORT TRUST, WILLINGDON ISLAND,
COCHIN - 682003
BY ADVS.
Eldho K.C
LATHA ANAND
S.BIJILAL(K/982/1989)
EBEE ANTONY(K/001393/2020)
ALMAJITHA FATHIMA(K/973/2019)
THIS ADMIRALTY SUIT HAVING COME UP FOR ADMISSION ON
07.02.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Adml.S.No.1/2023
..2..
JUDGMENT
When this matter was called today, Sri.Pranoy.K.Kottaram – learned counsel for the plaintiff, submitted that his client has settled the matter with the respondents.
In the afore circumstances, I dismiss this suit as having been withdrawn by the plaintiff.
Sd/-
DEVAN RAMACHANDRAN, JUDGE
ACR
..3..
Adml.S.No.1/2023
APPENDIX OF ADML.S. 1/2023
PETITIONDocument |
ER ANNE1 |
XURESA COPY OF THE EQUASIS REPORT OF THE1ST DEFENDANT VESSEL SHOWING THEDETAILS OF HER OWNERSHIP |
|---|---|---|
Document |
2 |
A COPY OF THE PURCHASE ORDER BEARINGNO. PCIL/PS/800/13 ISSUED BY THEOWNERS DATED 10 JUNE 2022 |
Document |
3 |
A TRUE COPY OF THE INVOICE BY THEPLAINTIFF BEARING NO. MHCD6322006147DATED 24.06.2022 ALONG WITH THECORRESPONDING DELIVERY TICKET ANDCONSIGNMENT DISPATCH NOTE |
Document |
4 |
A TRUE COPY OF THE INVOICE BY THEPLAINTIFF BEARING NO. MHCD6322007019DATED 06.07.2022 ALONG WITH THECORRESPONDING DELIVERY TICKET ANDCONSIGNMENT DISPATCH NOTE |
Document |
5 |
A TRUE COPY OF THE INVOICE BY THEPLAINTIFF BEARING NO. MHCD6322007131DATED 08.07.2022 ALONG WITH THECORRESPONDING DELIVERY TICKET ANDCONSIGNMENT DISPATCH NOTE |
Document |
6 |
A TRUE COPY OF THE INVOICE BY THEPLAINTIFF BEARING NO. MHCD6322007378DATED 13.07.2022 ALONG WITH THECORRESPONDING DELIVERY TICKET ANDCONSIGNMENT DISPATCH NOTE |
Document |
7 |
A TRUE COPY OF THE INVOICE BY THEPLAINTIFF BEARING NO. MHCD6322007651DATED 18.07.2022 ALONG WITH THECORRESPONDING DELIVERY TICKET ANDCONSIGNMENT DISPATCH NOTE |
Document |
8 |
A TRUE COPY OF THE INVOICE BY THEPLAINTIFF BEARING NO. MHCD6322009400DATED 12.08.2022 ALONG WITH THECORRESPONDING DELIVERY TICKET ANDCONSIGNMENT DISPATCH NOTE |
Document |
9 |
A TRUE COPY OF THE INVOICE BY THEPLAINTIFF BEARING NO. MHCD6322009677DATED 18.08.2022 ALONG WITH THECORRESPONDING DELIVERY TICKET ANDCONSIGNMENT DISPATCH NOTE |
..4..
Adml.S.No.1/2023
Document 10 |
A TRUE COPY OF THE INVOICE BY THEPLAINTIFF BEARING NO. MHCD6322009748DATED 18.08.2022 ALONG WITH THECORRESPONDING DELIVERY TICKET ANDCONSIGNMENT DISPATCH NOTE |
|---|---|
Document 11 |
A TRUE COPY OF THE INVOICE BY THEPLAINTIFF BEARING NO. MHCD6322010322DATED 26.08.2022 ALONG WITH THECORRESPONDING DELIVERY TICKET ANDCONSIGNMENT DISPATCH NOTE |
Document 12 |
A TRUE COPY OF THE INVOICE BY THEPLAINTIFF BEARING NO. MHCD6322011529DATED 14.09.2022 ALONG WITH THECORRESPONDING DELIVERY TICKET ANDCONSIGNMENT DISPATCH NOTE |
Document 13 |
A TRUE COPY OF THE INVOICE BY THEPLAINTIFF BEARING NO. MHCD6322012774DATED 29.09.2022 ALONG WITH THECORRESPONDING DELIVERY TICKET ANDCONSIGNMENT DISPATCH NOTE |
Document 14 |
A TRUE COPY OF THE PLAINTIFF'SSTANDARD TERMS & CONDITIONS OF SALE |
Document 15 |
A COPY OF THE EMAIL DATED 19.12.2022AND THE EMAIL TRAIL EXCHANGED BETWEENTHE PLAINTIFF AND THE OWNER |
Document 16 |
A TRUE COPY OF THE STATEMENT OFACCOUNTS MAINTAINED BY THE PLAINTIFF |
Document 17 |
A COPY OF THE PARTICULARS OF CLAIM |
RESPONDENT ANNE |
XURES |
Document |
Settlement agreement |
Devan Ramachandran
As recorded by the court registry
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