The court dismissed a suit filed by a partnership firm against vessel owners for unpaid supplies and arrest/sale of the vessel, which had been pending for 22 years. Finding the plaintiff uninterested and the litigation potentially dilatory, the judge dismissed the suit with no costs.
The suit stands dismissed. No 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.
C.S.No.708 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 18.10.2022
CORAM:
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
C.S.No.708 of 2010
Hari & Co. A Partnership Firm Having Office at Export House, 133, Great Cotton Road, Tuticorin - 628 001, Rep. by its Power Agent V.Maheswaran .. Plaintiff
/versus/
Owners and Persons interested in the vessel MV Dhuvaafaru Galaxy, (Ex: MV Hikaadhoo carrier) Now lying at the Azhikkal anchorage, Silk Yard, The Port of Kannur Kerala, Represented by its Master.
.. Defendant
This Civil Suit is filed under Order 42 Rules 2 and 3 read with Order IV Rule 1 of the Madras High Court Original Side Rules and Order VII Rule 1 of C.P.C., prayed for a judgment and decree against the Defendants:-
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a).For a sum of Rs.1,26,75,328.46 together with interest at the rate of 24% per annum from the date of plaint till the date of realization.
b).For the arrest and sale of the defendant vessel M.V.Dhuvaafaru Galaxy, (Ex:MV Hikaadhoo carrier) together with engines, tackles, cranes, derricks, machinery and the paraphernalia and other articles on board the said vessel presently lying in the Indian waters at the Port of Kannur (Kerala), Azhikkal anchorage, Silk Yard, or wherever found within the territorial waters of India.
c).For a direction to adjust the sale proceeds of the defendant vessel MV Dhuvaafaru Galaxy, (Ex: MV Hikaadhoo carrier) against the suit claim.
d).For payment of costs of the suit.
For Plaintiff : Mr.AV.K.Ezhilmani Defendant : No appearance
C.S.No.708 of 2010
JUDGMENT
The suit had been filed seeking a judgment and decree against the defendant for a sum of Rs.1,26,75,328.46/- together with interest and also for arrest and sale of the defendant Vessel, MV Dhuvaafaru Galaxy (Ex: MV Hikaadhoo carrier).
2.It is stated that the cause of action arose at Chennai and in Tuticorin. The plaintiff claimed that they have been supplying necessaries to the defendant for several years and the amount now claimed is owing to non-payment for supply of necessaries. The suit had been languishing in the almirah of the Original Side of this Court for the past 22 years.
3.The power of attorney of the plaintiff was directed to file an affidavit whether the cause of action still survives for adjudication. The matter was listed on 20.09.2022. It was again listed on 28.09.2022. Now, the learned counsel who had filed the suit states that he has not received any instructions. Either the learned counsel is not correct in that information or the plaintiff is not interested in proceeding further with
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the suit. If this is to be a dilatory tactic to avoid passing of final orders in the suit and thereafter to plead ignorance and innocence to enable the plaintiff to reopen the suit, it would only tell upon the practice adopted by the learned counsel.
4.I am not convinced that the suit should remain any further on
the board of this Court. Accordingly, the Suit stands dismissed. No costs.
18.10.2022
smv Internet : Yes / No Index : Yes / No
C.S.No.708 of 2010
C.V.KARTHIKEYAN,J.
smv
C.S.No.708 of 2010
18.10.2022
1 issue framed by the court
Whether a civil suit filed under Order 42 Rules 2 and 3 CPC that has remained pending for 22 years due to lack of instructions from the plaintiff and alleged dilatory tactics should remain on the cour
Hari & Co. A Partnership Firm Rep. by V. Maheswaran
Owners and Persons interested in the vessel MV Dhuvaafaru Galaxy
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
