Dismissed
Sing Fuels Pte Ltd. v. Owners and Parties Interested
Madras HCC.S(COMM DIV)/47/2024
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from the order text
What is this about?
DIV.) No.47 of 2024 IN THE HIGH COURT OF…
What the court decided
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C.S. (COMM. DIV.) No.47 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.03.2024
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.S. (COMM. DIV.) No.47 of 2024 and
A. Nos.1143 and 1221 of 2024
Sing Fuels Pte Ltd. A Company incorporated under Singapore Laws, having its office at 10 Anson Road, #16-09 International Plaza, Singapore 079903 Rep. by its POA Mr. Ravindra Koli . .. Plaintiff
Vs.
Owners and Parties interested in M.V. Manta Sena (IMO No. 9338137) a motor vessel, flying the flag of Liberia, presently lying at Chennai Port and represented herein by its Master. . .. Defendant
PLAINT FILED UNDER ORDER VII RULE 1 OF CPC R/W ORDER IV RULE 1 OF MADRAS HIGH COURT ORIGINAL SIDE RULES AND SECTION 16 OF THE ADMIRALTY (JURISDICTION AND SETTLEMETN OF MARITIME CLAIMS) ACT, 2017 AND RULES 2 & 3 OF THE RULES FOR REGULATING THE PROCEDURE AND PRACTICE IN CASES BROUGHT BEFORE THE HIGH COURT OF JUDICATURE AT MADRAS IN THE EXERCISE OF ITS ADMIRALTY JURISDICTION FRAMED BY THE HIGH COURT
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C.S. (COMM. DIV.) No.47 of 2024
prays for a judgment and decree against the Defendant Vessel as follows:
a) For a sum of USD 387,396.48 (US Dollar Three hundred eighty seven thousand three hundred and ninety six and Forty Eight cents only) equivalent to Rs.3,21,07,420.30 (Rupees Three crore twenty one lakhs seven thousand four hundred and twenty and thirty paise only) calculated at the rate of 1 US $ = Rs.82.88 along with contractual rate of interest @ 2% p.m. from the date of this plaint till the date of realisation of such higher rate as on the date of Decree.
b) For arrest and sale of the defendant Vessel M.V. MANTA SENA in as is where is condition, together with the engines, tackles, cranes, paraphernalia, fixtures, furniture and fittings, presently in Indian waters at Chennai Port, Chennai, Tamil Nadu State, India within the jurisdiction of this Court and territorial waters of India.
c) For a direction to adjust the sale proceeds of the defendant Vessel M.V. MANTA SENA against the suit claim.
d) And for costs of the Suit;
e) And for such other or further reliefs.
For Plaintiff : Mr.H. Siddarth
JUDGMENT
A Memo has been filed by the learned counsel for the plaintiff,
dated 04.03.2024. As seen from the same, pursuant to the orders of arrest of the defendant Vessel granted by this Court, the owners of the defendant Vessel has settled the suit claim to the plaintiff. In view of the
same, the suit is dismissed as settled out of Court and the refund of full
Court fees is ordered. The orders of arrest granted by this Court on the
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C.S. (COMM. DIV.) No.47 of 2024
defendant Vessel on 27.02.2024 and 01.03.2024 stands vacated.
05.03.2024
Index: Yes/ No Speaking order / Non speaking order Neutral citation : Yes / No
Note to office : Issue release warrant by today.
vsi2
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C.S. (COMM. DIV.) No.47 of 2024
ABDUL QUDDHOSE, J.
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C.S. (COMM. DIV.) No.47 of 2024 and A. Nos.1143 and 1221 of 2024
05.03.2024
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3 provisions across 3 enactments
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court