Tramp Oil & Marine Ltd v. M.V.Adjud A Vessel Flying

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2023

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE C.S. No.365 of 2000 Tramp Oil & Marine Limited Rep. by its Power Agent Ranjan George .. Plaintiff vs.

1. M.V. Adjud a vessel flying the Flag of the Republic of Romania rep. by its master

2. The Owners and all persons claiming to be interested in the 1st Defendant vessel "M.V. Adjud"

rep. by C.N.M. Romline Shipping Company, S.A. Having office at Camin Poarta 2, Incinta Port 8700, Constantza, Romania lying at Chennai Harbour.

... Defendants Prayer : Plaint filed under Order 42 Rule 2 of Original Side Rules prays for the following :

a) that the defendants be jointly and severally or alternatively be ordered and decreed to pay to the plaintiffs the sum of US $87,468.92 equivalent to Rs.38,18,018 calculated as per the exchange rate of US $ 1 1/4

= INR 43.65 applicable on 6.5.2000 or for such sum of Indian Rupees Equivalent to the sum of US Dollars as per the prevailing exchange rates on the date of Judgment, whichever is higher together with interest thereon at 2% per month (as per bunker confirmation and / or standard terms and conditions of sale) from the date of this suit till payment and realisation and poundage and costs.

(b) a notice \ direction to be issued to the Deputy Conservator of the Port at Chennai not to allow the defendant vessel to sail; (c) arrest and sale of the vessel M.V. Adjud together with her engine, geards, tackles, bunkers, machinery, apparel, plant, furniture and paraphernalia, presently berthed at the Port of Chennai, Chennai Harbour, and for adjusting the proceeds of the sale towards the suit claim, interest and costs and (d) for costs of the suit.

For Plaintiff : Ms. J.N. Preethi JUDGEMENT It is informed by the learned counsel for the plaintiff that the defendant-vessel has sailed away. However, she seeks time to get instructions.

2. Being an admiralty suit and since the defendant-vessel is no longer available, the question of keeping this suit pending will not arise. 2/4

3. After recording the submission made by the learned counsel for the plaintiff that the defendant-vessel M.V. Adjud is no longer available within the territorial jurisdiction of this Court, this suit is closed. 27.11.2023 Index: Yes/ No Speaking order / Non speaking order vsi2 3/4

ABDUL QUDDHOSE, J.

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