This is a one-line order dismissing a civil suit for a sum of money and sale of a vessel as settled out of court, accepting a settlement endorsed in 2004 despite the plaintiff's counsel being unable to affirm it.
The suit was dismissed as settled out of court with no costs awarded.
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.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
THURSDAY, THE 15th DAY OF JULY 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
C.S.No76 of 2004
1.Lyubarets Viktor
2.Mykhaylo Yusufovych Officers of Board The vessel M.T.AMER RHINE now Lying at the Port of Tuticorin represented by their Power of attorney agent M.Arunachalam ...Plaintiffs
.Vs.
Owners and Parties Interested in the Vessel M.T.AMER RHINE Represented by its Master Now lying at the Port of Tuticorin ... Defendant
Civil suit praying that this Hon'ble Court be pleased to pass a judgment and decree against the defendant:
a) For a sum of US $ 36,088/- equivalent to Indian Rupees 16,60,048/- calculated at the rate of 1 US $ = 46.00 together with wages, all allowances and repatriation charges till the last date of discharge with interest at the rate of 24% p.a from date of this plaint till date of realisation;
b) For arrest and sale of the vessel M.T.AMER RHINE in as is where
2
is condition, presently in Indian waters at the port of Chennai and
c) For a direction to adjust the sale proceeds against the suit claim
with interest and costs
d) and for costs of this suit.
This Civil suit coming on this day before this court for hearing in the presence of Mr.S.Vasudevan, Advocate for the Plaintiffs herein and upon reading the plaint filed herein, and this court having observed that the endorsement of the learned Master dated 20.11.2004 that the matter has been settled, and the learned counsel appearing for the plaintiffs is unable to either affirm or deny the said endorsement, however, since it is a Court proceeding, the same is accepted, It is ordered as follows:-
That the suit in C.S.No.76 of 2004 be and is hereby dismissed as settled out of Court.
2. That there shall be no costs of this suit.
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 15th DAY OF JULY 2021.
Sd/-
ASSISTANT REGISTRAR (Comm.Cases) //Certified to be true copy//
Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) https://hcservices.ecourts.gov.in/hcservices/ From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
3
SK 13.08.2021
C.S.No.76 of 2004
ORDER :-
DATED :15.07.2021
THE HON'BLE MR. JUSTICE
R.SUBRAMANIAN
FOR APPROVAL: 13.09.2021
APPROVED ON: 14.09.2021
4
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.76 of 2004
1.Lyubarets Viktor
2.Mykhaylo Yusufovych Officers of Board The vessel M.T.AMER RHINE now Lying at the Port of Tuticorin represented by their Power of attorney agent M.Arunachalam ...Plaintiffs
.Vs.
Owners and Parties Interested in the Vessel M.T.AMER RHINE Represented by its Master Now lying at the Port of Tuticorin
... Defendant
Plaint filed under Order XLII Rule III of the Original Side Rules praying for a judgment and decree against the defendant:
a) For a sum of US $ 36,088/- equivalent to Indian Rupees 16,60,048/- calculated at the rate of 1 US $ = 46.00 together with wages, all allowances and repatriation charges till the last date of discharge with interest at the rate of 24% p.a from date of this plaint till date of realisation; https://hcservices.ecourts.gov.in/hcservices/ b) For arrest and sale of the vessel M.T.AMER RHINE in as is where
5
is condition, presently in Indian waters at the port of Chennai and
c) For a direction to adjust the sale proceeds against the suit claim
with interest and costs
d) and for costs of this suit.
For Plaintiff : Mr.S.Vasudevan
J U D G M E N T
The suit has been filed praying for a judgment and decree against the
defendant:
a) For a sum of US $ 36,088/- equivalent to Indian Rupees
16,60,048/- calculated at the rate of 1 US $ = 46.00 together with wages, all allowances and repatriation charges till the last date of discharge with interest at the rate of 24% p.a from date of this plaint till date of realisation;
b) For arrest and sale of the vessel M.T.AMER RHINE in as is where is condition, presently in Indian waters at the port of Chennai and
c) For a direction to adjust the sale proceeds against the suit claim with interest and costs
d) and for costs of this suit.
6
2. It is seen from the endorsement of the learned Master dated
20.11.2004 that the matter has been settled. Mr.S.Vasudevan, learned
counsel appearing for the plaintiffs is unable to either affirm or deny the said endorsement. However, since it is a Court proceeding, the same is accepted and the suit is dismissed as settled out of Court. No costs.
Sd./-(R.S.M.J.,)
15.07.2021
List of the witnesses examined on the side of the plaintiff : Nil List of Exhibits marked on the side of the plaintiff : Nil List of the witnesses examined on the side of the defendants: Nil List of Exhibits marked on the side of the defendants: Nil
Sd./-(R.S.M.J.,)
15.07.2021
//Certified to be true copy// Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
