The Madras High Court dismissed a civil suit filed under admiralty jurisdiction for recovery of a debt and arrest of a vessel as non-prosecution due to inactivity in cold storage and lack of party instructions.
Suit dismissed for non-prosecution; no order as to costs.
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
(ORDINARY ORIGINAL CIVIL JURISDICTION)
MONDAY, THE 15TH DAY OF MARCH 2021
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN
C.S. No.775 of 2000
Chaya Industries Ltd., Rep. by T.Ragunathan, Managing Director, New Industrial Development Area, Kanjikode, Palakkad - 678 621.
... Plaintiff ..Vs..
Civil Suit praying that this Hon'ble court may be pleased to pass a
judgment and decree against the defendants 1 to 3 jointly and severally
Three Thousand Three Hundred and Forty Five and Nineteen Paise only)
together with interest at the rate of 24% per annum from the date of plaint
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till the date of realization in full.
(b) For arrest of the vessel M.V.Waadhee Star in as is where is condition, presently in Indian Waters at the port of Tuticorin together with her hull, tackle, gear, engines, machines and equipment thereon and all the things and articles aboard the said vessel including other paraphernalia on board.
(c) For order of the sale of the said vessel together with the equipments and accessories mentioned above and to direct the sale proceeds to be adjusted or applied in or towards the satisfaction of the claim of the plaintiff with further interest at the above rate from the date of the suit till the date of payment in the event of the non payment of the amount by the defendants.
(d) If the sale proceeds are insufficient, to satisfy the amount decreed, for a personal decree against defendants 2 and 3.
(e) For costs of this Suit.
This suit coming on this day before this court for hearing in the presence of Mr.S.Thiruvenkataswamy, Advocate for the plaintiff herein and Mr.V.Karthikeyan, Advocate for the 1st defendant herein and upon reading the plaint filed herein and this court having observed that there has been no effective progress from the time of institution of the suit and the matter has https://hcservices.ecourts.gov.in/hcservices/ been lying in cold storage in the Almiran without any progress and the
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learned counsel for the plaintiff today represented that he had already given
a change of vakalat to the plaintiff and the learned counsel for the
defendants also stated that he could not get proper instruction from the
defendant, it is clear that the parties are not requested in the prosecution of the suit, it is ordered as follows:-
That the suit in C.S.No.775 of 2000, be and is hereby dismissed for non prosecution.
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 15th DAY OF MARCH 2021.
Sd/-
ASSISTANT REGISTRAR (Comm. Cases) //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.
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Skg
06.05.2021
C.S. No.775 of 2000
ORDER:
DATED: 15.03.2021
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN
FOR APPROVAL: 20/07/2021
APPROVED ON: 22/07/2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.03.2021
CORAM:
THE HON'BLE JUSTICE C.V.KARTHIKEYAN
C.S.No.775 of 2000
Chaya Industries Ltd., Rep. by T.Ragunathan, Managing Director, New Industrial Development Area, Kanjikode, Palakkad - 678 621. ... Plaintiff ..Vs..
1.M/s.Owners and Parties interested
in the vessel M.V.Waadhee Star Rep by its Master now at the Port of Tuticorin, Tamil Nadu.
2.M/s.Coolwear Pvt. Ltd., Hawaanna Road, S.Hulhudhoo Addu Atool, Republic of Maldives.
3.M/s.Hazash Enterprises Pvt. Ltd., No.1-05, Ship Plaza, Orchid Magu, Male - 2002, Republic of Maldives. ... Defendants
PRAYER : Plaint filed under Order XLII Rule III of the High Court Original Side Rules, prayed for a Judgment and Decree:-
(a) For a sum of Rs.14,23,345.19/- (Rupees Fourteen Lakhs Twenty
https://hcservices.ecourts.gov.in/hcservices/ Three Thousand Three Hundred and Forty Five and Nineteen Paise only)
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together with interest at the rate of 24% per annum from the date of plaint
till the date of realization in full.
(b) For arrest of the vessel M.V.Waadhee Star in as is where is condition, presently in Indian Waters at the port of Tuticorin together with her hull, tackle, gear, engines, machines and equipment thereon and all the things and articles aboard the said vessel including other paraphernalia on board.
(c) For order of the sale of the said vessel together with the equipments and accessories mentioned above and to direct the sale proceeds to be adjusted or applied in or towards the satisfaction of the claim of the plaintiff with further interest at the above rate from the date of the suit till the date of payment in the event of the non payment of the amount by the defendant.
(d) If the sale proceeds are insufficient, to satisfy the amount decreed, for a personal decree against defendants 2 and 3.
(e) For costs of this Suit.
For Plaintiff : M/s.S.Thiruvenkataswamy For Defendant 1 : M/s.V.Karthikeyan
J U D G M E N T
Suit had been filed for recovery of sum of Rs.14,23,345.19/- (Rupees
Fourteen Lakhs Twenty Three Thousand Three Hundred and Forty Five and
Nineteen Paise only) together with interest.
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Jurisdiction of this Court. There had been also seeking relief seeking arrest of the Vessel M.V.V.Waadhee Star, which was at that time berthed at the Port of Tuticorin. Since, the issue relates to Admiralty Jurisdiction, the issues raised can be classified as a Commercial Dispute and the Commercial Division of this Court has jurisdiction to examining the issues raised under
Section 2(1)(c)(xvii) of the Commercial Courts Act, 2015.
already given a change of vakalat to the plaintiff. The learned counsel for the defendant also stated that he could not get proper instructions from the defendant. It is clear that the parties are not requested in the prosecution of the suit.
Sd./- C.V.K.J. 15.03.2021
//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.
2 issues framed by the court
Whether a civil suit for recovery of debt and arrest of a vessel in admiralty jurisdiction should be dismissed when there is no progress in its prosecution.
Whether the court should pass an order as to costs where the suit is dismissed for non-prosecution.
M/s. Owners and Parties interested in the vessel M.V. Waadhee Star
M/s. Coolwear Pvt. Ltd.
M/s. Hazash Enterprises Pvt. Ltd.
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
