The High Court dismissed a civil suit filed under Order XLII Rules 1, 2 and 3 and the associated application, accepting the plaintiff counsel's submission that the dispute was amicably resolved, directing release of the arrested vessel.
The suit and application are dismissed as settled; vessel released and half court fee refunded.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.06.2016
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
C.S.No.293 of 2016 and A.No.2462 of 2016
Colombo Engineering Services (Private) Limited, Passenger Terminal Building, Port of Colombo, Colombo 01, Srilanka rep. By its General Power Agent S.Prabhakar
... Plaintiff
Vs
Owners and Parties interested in the vessel MV YANGZE 6 now lying at the Port of Chennai and is rep. By its Master
... Defendant
Plaint filed under Order XLII Rules 1, 2 and 3 of the Original Side Rules r/w Order VII Rule 1 of C.P.C.
For Plaintiff : Mr.Abdul Quddhose
JUDGMENT
This matter is listed today, on the request made by the learned counsel for the plaintiff.
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2.Learned counsel for the plaintiff submitted that the suit may be dismissed as settled out of Court as the dispute has been amicably resolved between the parties. A further submission has been made that half of the court fee may be refunded in the name of the power of attorney holder of the plaintiff, who in fact signed the pleadings. He has also made an endorsement to that effect.
3.In view of the above, the civil suit is dismissed as settled out of Court a nd the Registry is directed to refund half of the court fee to the power of attorney holder of the plaintiff. No costs. Consequently, Application No.2462 of 2016 is also dismissed, making it clear that the defendant vessel gets released from the arrest and it is free to sail.
03.06.2016
Index:Yes/No Internet:Yes/No mmi
Note: Registry is directed to issue release warrant today in favour of the learned counsel for the plaintiff, as mandated under Order 42 Rule 18 of the Madras High Court Original Side Rules.
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To
The Sub Assistant Registrar, Original Side, High Court, Madras.
M.M.SUNDRESH,J
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mmi
C.S.No.293 of 2016
03.06.2016
1 issue framed by the court
Whether the suit should be dismissed as settled out of Court and court fees refunded.
1 provisions across 1 enactments
Colombo Engineering Services (Private) Limited
Owners and Parties interested in the vessel MV YANGZE 6
M.M.SUNDRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
