Mrlyubarets Viktor v. Owners And Parties Interested

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 15th DAY OF JULY 2021 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN C.S.No76 of 2004 1.Lyubarets Viktor 2.Mykhaylo Yusufovych Officers of Board The vessel M.T.AMER RHINE now Lying at the Port of Tuticorin represented by their Power of attorney agent M.Arunachalam ...Plaintiffs .Vs.

Owners and Parties Interested in the Vessel M.T.AMER RHINE Represented by its Master Now lying at the Port of Tuticorin ... Defendant Civil suit praying that this Hon'ble Court be pleased to pass a judgment and decree against the defendant:

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 costs of this suit.

This Civil suit coming on this day before this court for hearing in the presence of Mr.S.Vasudevan, Advocate for the Plaintiffs herein and upon reading the plaint filed herein, and this court having observed that the endorsement of the learned Master dated 20.11.2004 that the matter has been settled, and the learned counsel appearing for the plaintiffs is unable to either affirm or deny the said endorsement, however, since it is a Court proceeding, the same is accepted, It is ordered as follows:- That the suit in C.S.No.76 of 2004 be and is hereby dismissed as settled out of Court.

2. That there shall be no costs of this suit. WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 15th DAY OF JULY 2021.

Sd/- ASSISTANT REGISTRAR (Comm.Cases) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SK 13.08.2021 C.S.No.76 of 2004 ORDER :- DATED :15.07.2021 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN FOR APPROVAL: 13.09.2021 APPROVED ON: 14.09.2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2021

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No.76 of 2004 1.Lyubarets Viktor 2.Mykhaylo Yusufovych Officers of Board The vessel M.T.AMER RHINE now Lying at the Port of Tuticorin represented by their Power of attorney agent M.Arunachalam ...Plaintiffs .Vs.

Owners and Parties Interested in the Vessel M.T.AMER RHINE Represented by its Master Now lying at the Port of Tuticorin ... Defendant Plaint filed under Order XLII Rule III of the Original Side Rules praying for a judgment and decree against the defendant:

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 costs of this suit.

For Plaintiff : Mr.S.Vasudevan ********

J U D G M E N T

The suit has been filed praying for a judgment and decree against the defendant:

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 costs of this suit.

2. It is seen from the endorsement of the learned Master dated 20.11.2004 that the matter has been settled. Mr.S.Vasudevan, learned counsel appearing for the plaintiffs is unable to either affirm or deny the said endorsement. However, since it is a Court proceeding, the same is accepted and the suit is dismissed as settled out of Court. No costs. Sd./-(R.S.M.J.,) 15.07.2021 List of the witnesses examined on the side of the plaintiff : Nil List of Exhibits marked on the side of the plaintiff : Nil List of the witnesses examined on the side of the defendants: Nil List of Exhibits marked on the side of the defendants: Nil Sd./-(R.S.M.J.,) 15.07.2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.