M/S Raja Agencies v. Owners And Parties Interested In

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:08.04.2021 Coram:

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN C.S.(Comm.Div.)No.143 of 2021 M/s Raja Agencies, Opp.Bharat Petroleum, By-Pass Road, Madathur, Korampallam (PO), Tuticorin 628 101, Rep.by its General Manager Mr.A.Mohan .. Plaintiff /versus/ Owners and Parties interested in The Defendant TUG DANUM 136 and BARGE DANUM 72, Presently lying at the V.O.C. Port, Tuticorin, India and is Represented by her Master.

.. Defendant Prayer:

Civil Suit filed under VII Rule 1 CPC R/W Section 5 and Section 16(2) and (3) of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, praying to pass a judgment and decree against the defendant (a)for the sum of USD 19,745.64(US Dollar 1/4

Nineteen Thousand Seven Hundred and Forty Five and cents Sixty Four only) equivalent to INR 14,49,330/- (Rupees Fourteen Lakhs Forty Nine Thousand Three Hundred and Thirty only) calculated at 1 US D = INR 73.40 or such other higher exchange rate as on the date of grant of relief, with further interest at 18% per annum on US $ 18,368.04 from the date of the plaint till the date of payment in full; (b)for arrest and sale of the defendant vessel being TUG DANUM 136 and BARGE DANUM 72, in as is where is condition, together with her engines, gears, tackles, apparels, plant, machinery, furniture and fittings and paraphernalia presently in Indian Waters, lying at the V.O.C. Port, Tuticorin, India; (c) for a direction to adjust the sale proceeds of the defendant vessel being TUG DANUM 136 and BARGE DANUM 72 against the suit claim; and (d) for costs of this suit. For Plaintiff :Mr.S.Vasudevan ------ 2/4

J U D G M E N T

(The case has been heard through Vedio Conferencing) The learned counsel appearing for the plaintiff filed a memo stating that the matter has been settled out of Court and seeks withdrawal of the suit and refund of full Court fee. 2.The matter is listed today i.e. 08.04.2021, after ordering notice to the defendant. Since the plaintiff seeks leave of this Court to withdraw the suit, this Civil Suit is dismissed as withdrawn. No order as to costs. Registry is directed to refund full Court fee to the plaintiff. Consequently, connected application is also dismissed. 08.04.2021 Index:yes/no Internet:yes/no Speaking order/non speaking order ari 3/4

Dr.G.JAYACHANDRAN,J.

ari 08.04.2021 4/4