Sing Fuels Pte Ltd v. Owners And Parties Interested

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2024

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE and A. Nos.1143 and 1221 of 2024 Sing Fuels Pte Ltd.

A Company incorporated under Singapore Laws, having its office at 10 Anson Road, #16-09 International Plaza, Singapore 079903 Rep. by its POA Mr. Ravindra Koli ...

Plaintiff Vs.

Owners and Parties interested in M.V. Manta Sena (IMO No. 9338137) a motor vessel, flying the flag of Liberia, presently lying at Chennai Port and represented herein by its Master.

...

Defendant PLAINT FILED UNDER ORDER VII RULE 1 OF CPC R/W ORDER IV RULE 1 OF MADRAS HIGH COURT ORIGINAL SIDE RULES AND SECTION 16 OF THE ADMIRALTY (JURISDICTION AND SETTLEMETN OF MARITIME CLAIMS) ACT, 2017 AND RULES 2 & 3 OF THE RULES FOR REGULATING THE PROCEDURE AND PRACTICE IN CASES BROUGHT BEFORE THE HIGH COURT OF JUDICATURE AT MADRAS IN THE EXERCISE OF ITS ADMIRALTY JURISDICTION FRAMED BY THE HIGH COURT 1/4

prays for a judgment and decree against the Defendant Vessel as follows: a) For a sum of USD 387,396.48 (US Dollar Three hundred eighty seven thousand three hundred and ninety six and Forty Eight cents only) equivalent to Rs.3,21,07,420.30 (Rupees Three crore twenty one lakhs seven thousand four hundred and twenty and thirty paise only) calculated at the rate of 1 US $ = Rs.82.88 along with contractual rate of interest @ 2% p.m. from the date of this plaint till the date of realisation of such higher rate as on the date of Decree.

b) For arrest and sale of the defendant Vessel M.V. MANTA SENA in as is where is condition, together with the engines, tackles, cranes, paraphernalia, fixtures, furniture and fittings, presently in Indian waters at Chennai Port, Chennai, Tamil Nadu State, India within the jurisdiction of this Court and territorial waters of India. c) For a direction to adjust the sale proceeds of the defendant Vessel M.V. MANTA SENA against the suit claim. d) And for costs of the Suit;

e) And for such other or further reliefs.

For Plaintiff : Mr.H. Siddarth

JUDGMENT

A Memo has been filed by the learned counsel for the plaintiff, dated 04.03.2024. As seen from the same, pursuant to the orders of arrest of the defendant Vessel granted by this Court, the owners of the defendant Vessel has settled the suit claim to the plaintiff. In view of the same, the suit is dismissed as settled out of Court and the refund of full Court fees is ordered. The orders of arrest granted by this Court on the 2/4

defendant Vessel on 27.02.2024 and 01.03.2024 stands vacated.

2. Registry is directed to issue the warrant of release of the defendant Vessel as per the Admiralty Rules to the learned counsel for the plaintiff for the effective execution of the same on the respondent / defendant Vessel as well as the authorities concerned. Consequently, connected applications are closed.

05.03.2024 Index: Yes/ No Speaking order / Non speaking order Note to office : Issue release warrant by today. vsi2 3/4

ABDUL QUDDHOSE, J.

vsi2 and A. Nos.1143 and 1221 of 2024 05.03.2024 4/4