Vietinbank Insurance Joint Stock Corporation Vs Owners and Parties Interested in Mv Spitha Imo No 9290153

¶1

C.S(COMM DIV) No. 260 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 09-10-2025

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR

¶6

C.S(COMM DIV) No. 260 of 2025 & A.No.4967 of 2025

¶7

Vietinbank Insurance Joint Stock Corporation A company having its registered office at 10th and 11th Floor, 126 Doi Can Building, Ba Dinh Ward, Ha Noi Vietnam Through its Authorised Signatory Mr.D.Kumaresan

¶8

Plaintiff(s)

¶9

Vs

¶10

Owners and Parties Interested in MV Spitha (IMO No. 9290153) A motor vessel , flying the flag of Liberia presently lying at the V.O.Chidambaranar Port, Tuticorin, And represented herein by its Master

¶11

Defendant(s)

¶12

Prayer: This Civil Suit (Comm. Div.) has been filed under Order VII Rule 1 of the Civil Procedure Code R/w. Order IV Rule 1 of Madras High Court Original Side Rules and Sections 4 and 16 of the Admiralty (Jurisdiction and Settlement of Maritime Claim) Act, 2017, and Rules 2 & 3 of the Rules for Regulating the

¶13

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

¶14

C.S(COMM DIV) No. 260 of 2025

¶15

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, seeking for a Judgment and decree against the Defendant Vessel as follows;

¶16

a) For a sum of USD 40,685/- (United States Dollar Forty Thousand Six Hundred Eighty-Five Only) equivalent to INR 36,11,912.59 (Rupees Thirty-Six Lakh Eleven Thousand Nine Hundred and Twelve and Paise Fifty-Nine only) calculated at the rate of USD 1 = INR 88.7775 along with all interest accrued thereupon at the rate of 12%;

¶17

b) For arrest and sale of the Defendant Vessel MV Spitha (IMO No.9290153) in as is where is condition, together with the engines, tackles, cranes, paraphernalia, fixtures, furniture and fittings, etc., presently in Indian waters at V.O.Chidambranar Port, Tuticorin, Tamil Nadu, India, within the jurisdiction of this Hon'ble Court;

¶18

c) For a direction to adjust the sale proceeds of the Defendant Vessel MV Spitha against the suit claim;

¶19

d) cost of the Civil suit;

¶20

For Plaintiff: Mr.S.Kaushik Ramasamy

¶21

ORDER

¶22

Today, when the matter was taken up for admission, the learned counsel

¶23

for the plaintiff filed a memo stating that an amicable settlement has been

¶24

arrived between the plaintiff and the defendant and requested that the Civil Suit

¶25

may be dismissed as withdrawn.

¶26

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

¶27

C.S(COMM DIV) No. 260 of 2025

¶28

2.The memo for withdrawal is taken on file. Further, the e-mail which has

¶29

been received by the plaintiff from the defendant, available along with the

¶30

memo for withdrawal, is also recorded and the same will form a part of the order.

¶31

3.In view of the above, the Civil Suit is dismissed as withdrawn. No

¶32

costs. Since the matter has been settled between the parties out of Court, the plaintiff is entitled to refund of Court fee, in accordance with rules. Consequently, the connected Application in A.No.4967 of 2025 is closed.

¶33

09-10-2025

¶34

Index:Yes/No

¶35

Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

¶36

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

¶37

C.S(COMM DIV) No. 260 of 2025

¶38

N.SENTHILKUMAR J.