Dismissed

M/S Raja Agencies v. Owners and Parties Interested in

Madras HC8 Apr 2021CS/143/2021

Case brief

AI extract

What is this about?

The Plaintiff applied to withdraw a Civil Suit filed under the Admiralty Act seeking a decree for USD 19,745.64 and arrest of a vessel. The Court dismissed the suit as withdrawn and directed the refund of the full Court fee.

What did the court decide?

The Civil Suit is dismissed as withdrawn. Registry is directed to refund full Court fee to the plaintiff. No order as to costs.

M/S Raja Agencies Vs Owners and Parties… — Contract and Commercial Disputes | Madras HC (2021)

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C.S.No.143 of 2021 and A.No.1562 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated:08.04.2021

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Coram:

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THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN

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C.S.(Comm.Div.)No.143 of 2021 and A.No.1562 of 2021 M/s Raja Agencies, Opp.Bharat Petroleum, By-Pass Road, Madathur, Korampallam (PO), Tuticorin 628 101, Rep.by its General Manager Mr.A.Mohan .. Plaintiff /versus/ Owners and Parties interested in The Defendant TUG DANUM 136 and BARGE DANUM 72, Presently lying at the V.O.C. Port, Tuticorin, India and is Represented by her Master. .. Defendant

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Prayer: Civil Suit filed under VII Rule 1 CPC R/W Section 5 and Section 16(2) and (3) of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, praying to pass a judgment and decree against the defendant (a)for the sum of USD 19,745.64(US Dollar

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1/4

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C.S.No.143 of 2021 and A.No.1562 of 2021

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Nineteen Thousand Seven Hundred and Forty Five and cents Sixty Four only) equivalent to INR 14,49,330/- (Rupees Fourteen Lakhs Forty Nine Thousand Three Hundred and Thirty only) calculated at 1 US D = INR 73.40 or such other higher exchange rate as on the date of grant of relief, with further interest at 18% per annum on US $ 18,368.04 from the date of the plaint till the date of payment in full; (b)for arrest and sale of the defendant vessel being TUG DANUM 136 and BARGE DANUM 72, in as is where is condition, together with her engines, gears, tackles, apparels, plant, machinery, furniture and fittings and paraphernalia presently in Indian Waters, lying at the V.O.C. Port, Tuticorin, India; (c) for a direction to adjust the sale proceeds of the defendant vessel being TUG DANUM 136 and BARGE DANUM 72 against the suit claim; and (d) for costs of this suit.

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For Plaintiff :Mr.S.Vasudevan

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C.S.No.143 of 2021 and A.No.1562 of 2021

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J U D G M E N T

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(The case has been heard through Vedio Conferencing)

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The learned counsel appearing for the plaintiff filed a memo

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stating that the matter has been settled out of Court and seeks withdrawal of the suit and refund of full Court fee.

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2.The matter is listed today i.e. 08.04.2021, after ordering notice to the defendant. Since the plaintiff seeks leave of this Court to withdraw the suit, this Civil Suit is dismissed as withdrawn. No order as to costs. Registry is directed to refund full Court fee to the plaintiff. Consequently, connected application is also dismissed.

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08.04.2021 Index:yes/no Internet:yes/no Speaking order/non speaking order ari

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C.S.No.143 of 2021 and A.No.1562 of 2021

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Dr.G.JAYACHANDRAN,J.

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ari
C.S.No.143 of 2021
and
A.No.1562 of 2021
08.04.2021

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M/S Raja Agencies v. Owners and Parties Interested in

Case brief

What is this about?

What did the court decide?

M/S Raja Agencies v. Owners and Parties Interested in

Case brief

What is this about?

What did the court decide?

What the court decided

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