Dismissed

Mr Akshaya Gyanchand Katariya, Proprietor, S S International v. Owners and Parties Interested in Motor Tug Accomplice Imo No 9164079

Madras HC16 Dec 2024C.S(COMM DIV)/230/2024

Case brief

AI extract

What is this about?

The plaintiff sought to withdraw an admiralty suit due to lack of cause of action against the correct defendant, seeking liberty to file a fresh suit on the same cause of action.

What did the court decide?

Suit dismissed as withdrawn; liberty granted to file appropriate suit against correct defendant.

What the court decided

Mr Akshaya Gyanchand Katariya, Proprietor, S S… — Civil Procedure and Limitation | Madras HC (2024)

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C.S.(Comm.Div.) No.230 of 2024

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IN THE HIGH COURT OF JUDICATUE AT MADRAS

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DATED: 16.12.2024

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CORAM

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THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE

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C.S.(Comm.Div.) No.230 of 2024 and

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A.No.5968 of 2024

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Mr.Akshaya Gyanchand Katariya, Proprietor S.S.International,

Chennai.

.. Plaintiff

Owners and Parties interested in Motor Tug Accomplice IMO No.9164079 Rep. By its Master

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.. Defendant

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Prayer: This suit is filed under Section 4(1)(G)&(H) & 5(1)(e) & 5(2) read with Section 3 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, read with Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of CPC, seeking (a) decree in favour of the plaintiff and against the defendant vessel Motor Tug Accomplice IMO No.9164079 and her owners and all persons interested in her towards causing loss of Rs.3,07,50,600/- together with further interest at the rate of 18% per annum from the date of suit till its realization; (b) arrest of the defendant vessel Motor Tug Accomplice IMO No.9164079 together with her hull, tackle, engines, machinery, boats, bunckers, equipment paraphernalia, and all other appurtenances presently lying at Tuticorin Port; and condemn in respect of the suit claim and net sale proceeds thereof be ordered to the satisfaction of the plaintiff's claim. For Plaintiff : Mr.J.Ibrahim Ahamed

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ABDUL QUDDHOSE,J.

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

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C.S.(Comm.Div.) No.230 of 2024

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rkm

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JUDGMENT

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Since there is no cause of action for filing the suit against the defendant ship, the learned counsel for the plaintiff seeks permission of this Court to withdraw the suit. However, he seeks liberty for the plaintiff to file an appropriate suit against the correct defendant on the very same cause of action. He has also made an endorsement to that effect in the court bundle.

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Recording the endorsement made by the learned counsel for the plaintiff, this suit is dismissed as withdrawn by granting the liberty as prayed for. Connected Application No.5968 of 2024 is closed. No Costs.

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16.12.2024

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rkm

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C.S.(Comm.Div.) No.230 of 2024

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and A.No.5968 of 2024

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

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