Fourcee Equipment And Services v. Owners And Parties Interested

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.07.2019 Coram The Honourable Mr.Justice KRISHNAN RAMASAMY C.S.No.52 of 2008 Fourcee Equipment & Services Pvt. Ltd., Q-51, Anna Nagar, Chennai - 600 050.

Rep. by its Managing Director Mr.S.Kannan ...Plaintiff

Versus

Owners and Parties interested in the Vessel M.T.ASDRUBAL Represented by its Master, Now lying at the Port of Kakinada, Andhra Pradesh.

...Defendant This Civil Suit is filed under Order XLII Rule 3 of the O.S.Rules r/w. Order VII Rule 1 of C.P.C for the following reliefs: (a) For a sum of US$ 2,08,207.15 equivalent to Rs.81,20,078.85 calculated as per the prevailing exchange rate at 1US$=Rs.39/- Indian Rupees with interest at the rate of 24% p.a. from the date of this Plaint till date of realization or such higher sum of Indian Rupees equivalent to the exchange rate prevailing on the date of the judgment whichever is higher.

KRISHNAN RAMASAMY, J., mrr (b) For arrest and sale of the defendant Vessel M.T.ASDRUBAL in as is where is condition, presently in Indian Waters at Port of Kakinada, Andhra Pradesh.

(c) For a direction to adjust the sale proceeds of the defendant Vessel M.T.ASDRUBAL against the suit claim with interest and costs. (d) And for costs of this suit.

For Plaintiff :

Mr.K.Krishnaswamy For Defendant :

Unserved

J U D G M E N T

The learned counsel for plaintiff submitted that the matter has been settled out of Court and therefore, he seeks the permission of this Court to dismiss the suit. He has also made an endorsement to that effect.

2. In view of the submission coupled with an endorsement made by the plaintiff's counsel, this Civil Suit is dismissed as settled out of Court. No costs.

16.07.2019 mrr Index : Yes/No C.S.No.52 of 2012