Allowed

Violet Ray Limited v. Northoint Shipping Limited and Another

Madras HC6 Nov 2023A/5826/2023

Case brief

AI extract

What is this about?

The Court allowed an application by the applicant-plaintiff seeking permission to submit secondary evidence through photocopies of documents where the applicant was not a party to establish loss due to wrongful arrest of a vessel.

What did the court decide?

Permission granted to file photocopies of documents as secondary evidence and mark the same as Exhibits before the Additional Master.

Violet Ray Limited Vs Northoint Shipping… — Civil Procedure and Limitation | Madras HC (2023)

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A. No.5826 of 2023 in C.S. (COMM.DIV.) No.4 of 2022

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A. No.5826 of 2023 in C.S. (COMM.DIV.) No.4 of 2022 ABDUL QUDDHOSE,J.

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Violet Ray Limited .. Applicant/plaintiff

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Northpoint Shipping Limited and another .. Respondents/defendants

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This application has been filed seeking permission of this Court for the

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applicant/plaintiff to let in secondary evidence in respect of the documents mentioned in the schedule to the judges summons.

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2.The suit has been filed for damages on account of the loss caused to the applicant/plaintiff due to the alleged wrongful arrest of the applicant's/plaintiff's vessel.

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3.Earlier, a suit was filed by the respondents/defendants before this Court in C.S. No.705 of 2017 under the admiralty jurisdiction seeking for arrest and sale of the applicant's/plaintiff's vessel. During the pendency of the suit in C.S. No.705 of 2017, the respondents/defendants had obtained an order of arrest of the vessel, owned by the applicant/plaintiff. Thereafter, the suit in C.S. No.705 of 2017 came to be dismissed as the suit claim was not proved by the respondents/defendants. Due to the alleged loss suffered by the applicant/plaintiff on account of the alleged wrongful arrest of the vessel, owned by the applicant/plaintiff, the present suit has

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https://www.mhc.tn.gov.in/judis 1/4

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A. No.5826 of 2023 in C.S. (COMM.DIV.) No.4 of 2022

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been filed seeking for damages against the respondents/defendants.

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4.The respondents/defendants have already been set exparte by this Court

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and this application has been filed by the applicant/plaintiff seeking permission to let in secondary evidence in respect of the documents, disclosed in the affidavit as well as in the judges summons in support of this application.

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5.A specific averment has been made in paragraph No.4 of the affidavit filed in support of this application that the documents, which the applicant/ plaintiff seeks to rely upon are documents where the applicant/plaintiff is not a party. Being a third party to those documents, the applicant/plaintiff seeks permission of this Court to let in secondary evidence in respect of those documents by filing photocopies of the said documents.

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6.Since sufficient cause has been shown by the applicant/plaintiff for letting

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in secondary evidence in respect of the documents, disclosed in the affidavit as well as in the judges summons, this Court is inclined to allow this application as prayed for.

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7.Accordingly, this application is allowed as prayed for and the applicant/

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https://www.mhc.tn.gov.in/judis 2/4

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A. No.5826 of 2023 in C.S. (COMM.DIV.) No.4 of 2022

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plaintiff is permitted to file photocopies of the documents, disclosed in the affidavit

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filed in respect of this application as well as in the judges summons and mark as Exhibits before the learned Additional Master I by way of secondary evidence.

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Post the matter before the learned Additional Master I for recording evidence on 20.11.2023.

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06.11.2023

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vga

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https://www.mhc.tn.gov.in/judis 3/4

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A. No.5826 of 2023 in C.S. (COMM.DIV.) No.4 of 2022

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ABDUL QUDDHOSE,J.

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vga

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A. No.5826 of 2023 in C.S. (COMM.DIV.) No.4 of 2022

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06.11.2023

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https://www.mhc.tn.gov.in/judis 4/4

Violet Ray Limited v. Northoint Shipping Limited and Another

Case brief

What is this about?

What did the court decide?

Violet Ray Limited v. Northoint Shipping Limited and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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