Allowed

Viceroy Exports Pvt. Ltd., v. Oweners And Parties Interested

Madras HC17 Sept 2018A/7029/2018

Case brief

AI extract

What is this about?

The High Court at Madras allowed an application to amend the plaint by inserting a dedicated jurisdiction clause regarding the Commercial Division under Act 4 of 2016, removing an objection regarding its absence.

What did the court decide?

The plaintiff was allowed to amend the plaint by incorporating Para 28(A) regarding commercial dispute jurisdiction within fourteen days from 01.10.2018.

Viceroy Exports Pvt. Ltd., Vs Oweners And Parties… — Company and Corporate | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 17th DAY OF SEPTEMBER 2018 THE HON'BLE MR. JUSTICE M.SUNDAR

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A.No.7029 of 2018 in C.S.NO.543 of 2018

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Viceroy Exports (India) Pvt Ltd., No.55/56, Bakir Abdul Hussain Mansion, 3^rd Lane, North Beach Road, Chennai 600 041 represented by its Manager, Mr.Shijulal ...Applicant/Plaintiff

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-vs-

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Owners and Parties interest in the Vessel M.V.MAERSK GANESH, Presently within territorial waters of India, in Chennai Port limits and rep.by her Master

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2.Maersk Line, A/s. Esplanaden 50 DK 1263 Copenhagen K, Denmark ...Respondents/Defendants

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This Application praying that this Hon'ble Court

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be pleased to allow the Applicant / Plaintiff to amend the plaint by incorporating Para 28 (A) after Para 28 as "The paintiff states that the subject matter of the present suit is a commercial dispute as designed under 2(1)(c)(ii), (iii) and is of specified value is defined in section 2(1)(i) read with section 12 of the act 4 of 2016 and falls under first proviso of section 7 act 4 of 2016.

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https://hcservices.ecourts.gov.in/hcservices/

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This Application coming on this day before this court for hearing in the the court made the following order:

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There is one plaintiff in the main suit. There are two defendants in the main suit. Sole plaintiff in the main suit is lone applicant herein. Defendants 1 and 2 in the main suit are respondents 1 and 2 respectively in the instant application.

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2.Parties in this application are referred to by their respective ranks in the main suit, for the sake of convenience and clarity.

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3.Mr.K.M.Anand, learned counsel on record for plaintiff and Mr.P.Giridharan, learned counsel representing both the defendants, are before this Commercial Division.

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post practice note for Commercial Division of this Court being Notification No.48 of 2018, dated 31.01.2018, a dedicated paragraph regarding jurisdiction of Commercial Division has not been set out in the plaint.

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5.This was pointed out when the suit was moved.

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6.Faced with the above situation, learned counsel for the plaintiff has taken out the instant application inter alia under Order VI Rule 17 of 'The Code of Civil Procedure, 1908' ('CPC', for brevity) seeking amendment of the plaint. Amendment sought for is for introducing one dedicated paragraph. The prayer in this application reads as follows:

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'...Why this Hon'ble court may please to

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allow the Applicant/Plaintiff to amend the plaint by incorporating Para 28 (A) after Para 28 as “The plaintiff states that the

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https://hcservices.ecourts.gov.in/hcservices/

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subject matter of the present suit is a commercial dispute as designed under 2(1)(c)(ii),(iii) and is of specified value as defined in section 2(1)(i) read with section 12 of the act 4 of 2016 and falls under first proviso of section 7 of act 4 of 2016....'

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behalf of both the defendants, very fairly submits that he has no serious opposition or objection to this application.

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8.In the light of the narrative supra, this application is ordered as prayed for.

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9.Plaintiff shall carry out necessary and consequential amendments in the plaint within a fortnight, i.e., by 01.10.2018.

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Dated at Madras this the day of 2018.

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COURT OFFICER (O.S.)

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KY/18.09.2018

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From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

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https://hcservices.ecourts.gov.in/hcservices/

Viceroy Exports Pvt. Ltd., v. Oweners And Parties Interested

Case brief

What is this about?

What did the court decide?

Viceroy Exports Pvt. Ltd., v. Oweners And Parties Interested

Case brief

What is this about?

What did the court decide?

What the court decided

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