Disposed

Global Logistics Solution India Pvt. Ltd. and another v. Mv Hope Seven Imo No 9686077

Madras HC30 Jul 2024C.S(COMM DIV)/50/2024

Case brief

AI extract

What is this about?

This judgment closes a contentious suit filed for maritime claim recovery and vessel arrest. Following the defendant's filed applications to refer the parties to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, which were previously allowed, the suit is formally closed with no order as to costs.

What did the court decide?

The suit is closed with no order as to costs. Connected pending applications, if any, are also closed.

Global Logistics Solution India Pvt. Ltd. and another Vs Mv Hope… — Arbitration | Madras HC (2024)

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Civil Suit (COMM DIV)No.50 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 30.07.2024

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CORAM

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THE HONOURABLE Mr. JUSTICE P.VELMURUGAN

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Civil Suit (COMM DIV)No.50 of 2024

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1. Global Logistics Solutions India Private Limited, A company incorporated under the provisions of the Companies Act, 1956, having registered office at 3rd Floor, Imperium Building, Marol Maroshi Road, Andheri East, Mumbai - 400 059 & also having Office at No.69, Armenian Street, 5th Floor, Leelavathy Building, Parrys, Chennai-600 001, represented by its Director Mr.Naveen Prakash.

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2. Globestar Shipping Private Limited, A company incorporated under the provisions of the Companies Act, 2013, having registered office at 3rd Floor, Imperium Building, Marol Maroshi Road, Andheri East, Mumbai - 400 059 & also having Office at No.69, Armenian Street, 5th Floor, Leelavathy Building, Parrys, Chennai-600 001, represented by its Director Mr.Naveen Prakash ... Plaintiffs

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Vs.

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MV Hope Seven J”' (IMO No.9686077), Represented by its Master an Indian flagged vessel together with her hull, tackle, engines, gears, plant, machinery, articles, apparel, things and other paraphernalia on board and presently lying in the Port and Harbour of Pondicherry (Puducherry)

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

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Civil Suit (COMM DIV)No.50 of 2024

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within territorial waters falling within the Admiralty Jurisdiction of this Court

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... Defendant

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Prayer:-

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Civil Suit has been filed under Order ORDER XLII AND ORDER IV RULE 1 OF ORIGINAL SIDE RULES READ WITH ORDER VII RULE 1 OF C.P.C., AND SECTION 16 OF THE ADMIRALTY (JURISDICTION AND SETTLEMENT OF MARITIME CLAIMS) ACT, 2017 AND SECTION 7 OF THE COMMERCIAL COURTS ACT, prays for a judgment and decree against the defendant on the following terms :

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(i) To pass an order and decree in favour of the plaintiffs and against the Defednant Vessel that the principal sum of Rs.3,87,08,146/- along with a sum of Rs.8,57,930/- being interest at 8% per annum from the date of each payment along with further interest till 30th October 2023 at 8% per annum on the principal amount from 30th October 2023, till payment and/or realization and costs (as per the Particulars of claim) and/or such future sums as may be determined, is due and payable to the plaintiffs;

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(ii) That the Defendant Vessel MV Hope Seven (IMO No.9686077) along with her hull, gear, tackle, engines, machinery, boats, bunkers, equipment, paraphernalia and all other appurtenances presently lying within the territorial waters at port and harbour at Pondicherry (Puducherry) be ordered to be arrested and ordered to be detained, condemned and sold free from all maritime liens, claims and encumbrances and by the orders and directions of this court and the sale proceeds thereof be applied to secure and satisfy the plaintiff's claim of Rs.3,87,08,146/- in the suit, together with interest and cost;

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(iii)For costs of the suit including all legal costs and charges.

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For Plaintiffs : Mr.T.V.Vineeth Kumar

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

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Civil Suit (COMM DIV)No.50 of 2024

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For Defendant : Mr.Karthik Sundaram

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J U D G M E N T

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Both the applications viz., A.No.2747 in C.S.(COMM DIV) No.50 of 2024, filed by the defendant to refer the parties to arbitration in terms of Section 8 of the Arbitration and Conciliation Act, 1996, in accordance with Clause 20 of the Charter Party Agreement dated 01.12.2022; and A.No.2749 in C.S.(COMM DIV) No.50 of 2024, filed by the defendant to refer the parties to arbitration in terms of Section 8 of the Arbitration and Conciliation Act, 1996, in accordance with Clause 17 of the Memorandum of Agreement dated 01.12.2022, were allowed as prayed for vide order dated 24.06.2024.

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