The Board of Trustees Vs M/S. Priya Ltd.

M/s. Priya Limited having their Registered Office at Podar Chamber, 4th Floor, 109, S.A. Brelvi Road, Fort, Mumbai 400 001 and carrying on business among other places through their Branch Office at No.6, Jayammal road, Teynampet, Chennai 600 018 herein rep. by their Subrogee/Power Agent The New India Assurance Co. Ltd., Divisional Office No.112000, Asian Building III Floor, 17, R.K. Marg, Bellard Estate, Mumbai - 400 038.

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M/s.Maersk Sealand/Maersk Taiwan Ltd., Owning M.V.Marstal Maersk, rep. by Owner's Subsidiary/Steamer Agents Maersk (India) Ltd., having their Branch Office at Prince Towers, First Floor, 25/25 College Road, Chennai - 600 006. (present address

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APPEAL(CAD) No. 40 of 2024

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M/s.Maersk Line India Pvt. Ltd 6th Floor, Tower-1, Prestige Zackria Metropolitan 200/1-8, Anna Salai, Chennai - 600 002.

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M/s. Senthil Kumar Transport Carrier For reward having their principal place of business at No.15/8, III Floor, Thambu Chetty Street, Chennai - 600 001.

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..Respondents

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Appeal filed under Section 13 of Commercial Court Act to set aside the judgement and decree dated 08.12.2022 made in COS No.505 of 2022 and passed by the District Judge, Commercial Court at Egmore.

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For Appellant: Mr.K.Lavan For Respondents: Mr.Nageswaran for R1 Mr.Bijai Sundar for R2

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JUDGMENT

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(Judgment of the Court was delivered by C.V.Karthikeyan J.)

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A joint memo dated 24.02.2026 duly signed by the learned counsel for

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the appellant/3rd defendant and the learned counsel for the first respondent/plaintiff had been filed contending as under:-

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“It is humbly submitted that the Suit claim in respect of the above Appeal has been mutually resolved and settled, between

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the 1st respondent/plaintiff and the 2nd respondent/1st defendant, in respect of the decree passed in the suit against the

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Appellant and 2nd and 3rd Respondents/Defendants.

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APPEAL(CAD) No. 40 of 2024

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In view of the settlement arrived at, the Appellant/3rd

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defendant is not prosecuting the appeal and the same is withdrawn. In the light of such withdrawal, it is prayed that this

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Honorable Court may be pleased to order refund of the entire court fee paid by the Appellant/3rd Defendant, subject to statutory deductions by issuance of a cheque/transferring the amount directly to the account of the Appellant/3rd Defendant namely the Chairman, Chennai Port Authority.

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It is humbly submitted that this refund of court fee is sought for in the light of the Judgement of the Honorable Supreme Court reported in 2021 (3) SCC Pg 560 in the matter of High Court of Judicature at Madras Rep. by Registrar General Vs. M.C.Subramaniam and others , wherein it was held in similar circumstances and facts, that the Appellant is entitled to the refund of the full Court fee paid in the appeal.

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It is hence prayed that this Honorable Court may be pleased to pass suitable orders on this memo as prayed for above and render justice.“

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Learned counsel for the appellant and the respondent are present. The said memo is recorded. In view of the same, this Appeal is dismissed as settled out of court. The Appellant shall be entitled to refund of court fee as per Section 69A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955. Such

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APPEAL(CAD) No. 40 of 2024

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refund may be made to the account of the Chairman, Chennai Port Authority, which is the new name of Chennai Port Trust. No costs. The connected miscellaneous petition is closed.

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(C.V.K.,J.) (K.B.,J.) 24-02-2026

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

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ssk

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To

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M/s. Priya Limited having their Registered Office at Podar Chamber, 4th Floor, 109, S.A. Brelvi Road, Fort, Mumbai 400 001 and carrying on business among other places through their Branch Office at No.6, Jayammal road, Teynampet, Chennai 600 018 herein rep. by their Subrogee/Power Agent The New India Assurance Co. Ltd., Divisional Office No.112000, Asian Building III Floor, 17, R.K. Marg, Bellard Estate, Mumbai - 400 038.

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M/s.Maersk Sealand/Maersk Taiwan Ltd., Owning M.V.Marstal Maersk, rep. by Owner's Subsidiary/Steamer Agents Maersk (India) Ltd., having their Branch Office at Prince Towers, First Floor, 25/25 College Road, Chennai - 600 006. (present address M/s.Maersk Line India Pvt. Ltd 6th Floor, Tower-1, Prestige Zackria Metropolitan 200/1-8, Anna Salai, Chennai - 600 002.

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APPEAL(CAD) No. 40 of 2024

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