The suit for arrest and sale of vessel M.V. LEWEK FULMAR was dismissed as settled out of court. The arrest order was lifted, sale permitted, and court fees refunded following an endorsement by the plaintiff's counsel.
Suit dismissed as settled out of court; arrest order lifted; vessel permitted to be sold; refund of court fees ordered.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2018
CORAM:
THE HON'BLE JUSTICE C.V.KARTHIKEYAN
C.S. No. 978 of 2017
M/s.Admiral Marine Services Private Limited .. Plaintiff
..Vs..
Owners and parties interested in the vessel
M.V.LEWEK FULMAR now lying at the Port
of Kakinada, Andhra Pradesh State and
is Represented by its Master. ... Defendant
For Plaintiff : M/s.S. Vasudevan
For Defendant : No Appearance.
- - -
PRAYER : Plaint has been filed Under Order XLII Rule 1, 2 & 3 of O.S. Rules read with Order VII, Rule 1 of Civil Procedure code, (a). for a sum of Rs.41,72,042/- (Rupees Forty One Lakhs Seventy Two Thousand and Forty Two Only) together with interest @ 24% p.a., from date of Plaint till date of realization in full, (b). for arrest and sale of the Defendant Vessel M.V.LEWEK FULMAR in as is where is condition, presently in Indian waters at the Port of Kakinada, Andhra Pradesh State, India, (c). for a direction to adjust the sale proceeds of the Defendant Vessel M.V.LEWEK FULMAR against the suit claim; (d). for
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costs of this Suit and (g).for such other or further reliefs as this Court may seem fit and proper in the circumstances of the case.
J U D G M E N T
Very fortunately and particularly with the assistance of the
learned Counsel for the plaintiff and also with the co-operation of the
defendant, the entire issues in the suit had been settled.
“Suit may be dismissed as settled out of Court and refund of
Court fees may be ordered. The arrest Order may kindly be lifted and ship permitted to sale”
C.S.No.978 of 2017 is dismissed as settled out of Court. The plaintiff is
entitled for refund of the entire Court fees in accordance with rules.
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learned Counsel for the plaintiff.
Court and refund of Court fees is ordered. Consequently, connected
application is closed.
02.01.2018
Index : Yes / No
Web : Yes / No
ksa
Registry is directed to issue Release Order Form to the learned Counsel for the Plaintiff, today on 02.01.2018.
Note to Office : Issue copy of Order today on 02.01.2018
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C.V.KARTHIKEYAN, J
ksa
Judgment in
C.S. No. 978 of 2017
02.01.2018
1 issue framed by the court
Whether to allow the suit to be dismissed as settled out of court upon endorsement by counsel
2 provisions across 2 enactments
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
