Goltens Company Ltd., v. Owners And Parties Interested

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Goltens Company Limited, Having its Registered office at Dubai, and Branch office at No.333, 334 Lakshmi Plaza, Off New Link Road, Antheri (W), Mumbai 400 053 Represented by its Area Sales & Service Manager, Mr.G.Kumaravel ... Plaintiff Vs.

Owners and parties interested in the vessel M.T.Amer rhine, represented by its Master, Now lying at the Port of Visakhapatnam. ... Defendant PRAYER: The Plaint filed under Order XLII Rule 3 of O.S.Rules and numbered as C.S.No.368 of 2004 praying for judgment and decree against the defendant for a sum of US $ 12,429.90 (equivalent to Indian Rupees 5,65,560.45 calculated at the rate of 1 US $ = 45.50 INR or such other higher rate as may appear to be just and reasonable) together with interest at the rate 24% p.a from the date of the plaint till the date of realization.

b) for the arrest of sale of the vessel M.T.AMER RHINE in as is where is condition, presently in Indian waters at the Port of Chennai and c) for a direction to adjust the sale proceeds against the suit claim with interest and costs.

d) and for the costs of the suit e) for such other and further relief.

For Plaintiff : Mr.S.Vasudevan

J U D G M E N T

It is represented by the learned counsel for the plaintiff that the matter has already been settled between the parties long back and now he is unable to trace out the parties.

In view of the submission made by the learned counsel for the plaintiff, the Civil Suit is dismissed as infructuous. No costs. 07.06.2024 mfa

P.VELMURUGAN, J.

mfa 07.06.2024