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Madras High CourtCS/734/2012closed

Mr.H.Kouser Ahmed Hussainy v. Owners And Parties Interested

2025-12-04Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.12.2025

CORAM:

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH C.S.No.734 of 2012 Mr.H. Kouser Ahmed Hussainy Sole Proprietor M/s.Dheen International, Suit 20, Rattan Complex, No.15, Moore Street, Chennai 600 001 .. Plaintiff Vs Owners and Parties interest in the Vessel M T PRATIBHA NEERA now lying at the Port of Visakhapatnam represented by its Master .. Defendant PRAYER :

Plaint filed under Order XLII, Rule 1, 2 and 3 of the O.S.Rules r/w.Order VII Rule 1 of C.P.C., praying for a judgment and decree against the defendant; a) for a sum of Rs.22,35,749.84 together with interest at the rate of 24% p.a. From the date of this plaint till date of realisation or such higher sum of Indian Rupees equivalent to the exchange rate prevailing on the date of the judgment whichever is higher.

b) For arrest and sale of the Defendant Vessel M T PRATIBHA NEERA, in as is where is condition, presently in Indian Waters at Port of Visakhapatnam or wherever available within the territorial waters of India. c) For a direction to adjust the sale proceeds of the Defendant vessel M T PRATIBHA NEERA against the suit claim, d) and for costs of this suit.

For Plaintiff : Mr. S. Vasudevan For Defendant : M/s.Shusharanjani Ananth

JUDGMENT

When the suit was taken up for hearing today, it was brought to the notice of this Court that the Vessel was sold pursuant to the order passed by the Bombay High Court in the Admiralty Suit No.30 of 2013, dated 26.08.2013.

2. In the light of the above development, nothing survives in the suit and accordingly, this suit is closed. No costs. 04.12.2025 Index : Yes/No Internet: Yes/No msr

N. ANAND VENKATESH, J.

msr C.S.No.734 of 2012 04.12.2025