M/S M.R.F.Ltd., v. Lufthansa German Airlies(Cargo

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-04-2026

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU and CRP.Nos.2929 & 2930 of 2013

1. M/s M.R.F.Ltd., Having their Regd.Office at No.124, Greams Road, Chennai 6, herein Represented by their Subrogee/ Power Agent M/s.United India Insurance Co.Ltd.,

2. M/s.United India Ins.Co.Ltd., A Public Ltd Company, Having Their Regd.Office At No.24, Whites Road, Chennai 14.

..Appellant(s) Vs

1. Lufthansa German Airlies(Cargo Division) is an International Air Carrier Reg.In The Federal Republic of Germany having their Head Office at Von-Gablenz Strabe, 2-6, D-50679 Cologne, Germany.

Herein represented by their General Sales Agency M/s.Bobba Aviation Services Pvt., Ltd., A Private Ltd., Company incorporated under the Companies Act having their place of business at 24 & 25, Integrated Cargo Complex, Phase I, Meenambakkam, Chennai - 600 027.

2. M/s. DFDS Transport (US) Rep by M/s.Flyjac Logistics, carrying on business at No.2525, Busse Rd. STE 3100 Elk Grove Village IL-60007

Rep by their Local Agent The 3rd Defendant herein carrying on business at No.3, Davidson Street, Broadway, Chennai - 600 001.

3. M/s. Flyjac Logistics, No.3,Davidson St, Broadway, Chennai 1.

..Respondent(s) PRAYER:- Appeal filed under Order XLI Rule 1 r/w/ Section 96 of CPC, to set aside the judgement and decree dated 29.04.2010 in O.S.No.4243 of 2008 on the file of the Additional Judge-III, City Civil Court, Chennai For Appellant(s):

Mr.Nageswaran For Respondent(s):

Mr.Sai Srujan Tayi for R1 for M/s.Giridhar and Sai R2 - Exparte Vide Eb Mr.T.V.Badrinarayanan for R3 CRP.Nos.2929 & 2930 of 2013 M/s. Flyjac Logistics, No.3,Davidson St, Broadway, Chennai 1.

... Petitioner(s) in both CRPs Vs 1.M/s M.R.F.Ltd., Having their Regd.Office at No.124, Greams Road, Chennai 6, herein Represented by their Subrogee/ Power Agent M/s.United India Insurance Co.Ltd.,

2. M/s.United India Ins.Co.Ltd., A Public Ltd Company, Having Their Regd.Office At No.24, Whites Road, Chennai 14.

3. Lufthansa German Airlines (Cargo Division), Having their head office at Von-Gablenz-Strabe 2-6, D-50679, Cologne, Germany herein represented by M/s.Bobba Aviation Services Pvt. Ltd., at 24 & 25, Integrated Cargo Complex, Phase-I, Meenambakkam, Chennai - 600 027.

4. M/s.DFDS Transport (US) represented by Flyjac Logistics, At No.2525, Bussee Rd. STE 3100, Elk Grove Village IL60007, Represented by local agent Flyjac Logistics, No.3, Davidson Street, Broadway.

(fourth respondent given up in trial Court and CRP) ... Respondent(s) in CRPs COMMON PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the common order and decreetal order dated 29.04.2010 in I.A.No's.18600 & 18601 of 2011 in O.S.No.4243 of 2008 on the file of the Additional Judge-III, City Civil Court at Chennai and allow I.A.No.'s 18600 & 18601 of 2011 in O.S.No.4243 of 2008. For Petitioner(s) : Mr.T.V.Badrinarayanan For Respondent(s) : Mr.Nageswaran for RR1 & 2 & Ms.Narichania Mr.Sai Srujan Tayi for R3 for M/s.Giridhar and Sai R4 - Exparte Vide Eb COMMON JUDGMENT The suit had been instituted by the appellant seeking for damages to the goods that were booked with the first defendant carrier through the second and

third defendants. The suit was dismissed as against the first defendant, whereas the decree against the second the third defendants had been passed setting them ex-parte. The second and third defendants had taken out an application to set aside the ex-parte decree and also an application to substitute the third defendant, which were dismissed by the Court against which these Civil Revisions have been filed and the appeal suit had been filed by the plaintiff challenging the dismissal of the suit as against the first defendant.

2. During the pendency of these proceedings, a compromise had been arrived at between the plaintiff, first and third defendants, pursuant to which the parties have settled their dispute that was adjudicated in O.S.No.4243 of 2008. In view of the agreement that had been arrived at between the parties and placed before this Court and the Joint Memo filed by the learned counsels appearing on either side, the Appeal suit as well as both the Civil Revision Petitions are disposed of as being settled out of Court. The appellant is also entitled for refund of Court fee as per the Rules applicable. The said Joint Memo shall form part of this judgment. No costs.

21-04-2026 Index: Yes/No Speaking/Non-speaking order GBA

To

1. The Additional Judge-III, City Civil Court at Chennai.

2.The Section Officer, VR Records, Madras High Court, Chennai.

K.KUMARESH BABU, J.

GBA and CRP.Nos.2929 & 2930 of 2013 21-04-2026