Kumar Alangaram Fernando v. Owners And Parties Interested

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.06.2018

CORAM

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR C.S.No.72 of 2018 & A.Nos.1030of 2018, 884 of 2018 & 907 of 2018 Mr.Kumar Alangaram Fernando .. Plaintiff vs.

Owners and Parties interested in the vessel MV ZIM XIAMEN presently lying at the Port of Kattupallai, Chennai - 600 120, Tamilnadu and is represented by its Master .. Defendant Civil Suit filed under Order XLII Rule 1, 2 and 3 of Original Side Rules 1956 read with Order VII Rule 1 CPC praying for the following judgment and decree against the defendant.

a) For a sum of Rs.1,0,83,846/- (Rupees one Crore Four Lakhs Eighty Three Thousand Eight Hundred and Forty Six only) together with interest @ 18% p.a. from this date till date of realization in full;

b) For arrest and sale of the defendant Vessel MV ZIM XIAMEN in as is where is condition, presently in Indian waters at the Port of Kattupalli, Chennai, India;

c) for a direction to adjust the sale proceeds of the defendant Vessel M V ZIM XIAMEN against the suit claim;

d) costs of the suit;

For Plaintiff : Mr.S.Vasudevan For defendant : Mr.K.Mukund Rao

J U D G M E N T

The learned counsel for the plaintiff submitted that the suit has been settled out of Court and had also made necessary endorsement to that effect.

2. The learned counsel for the defendant submitted that during the pendency of the suit a sum of Rs.1,07,16,049.46 has been deposited and the same along with accrued interest may be returned to M/s.James Mackintosh & Co. Pvt. Ltd.

3. Accordingly, the suit is dismissed as settled out of Court and the registry is directed to refund the Court Fee as per Law to the plaintiff. The sum of Rs.1,07,16,049.46 already deposited with the accrued interest, less the Government commission and audit fees, is ordered to be returned to M/s.James Mackintosh & Co. Pvt. Ltd. with a direction to remit the amount to the owners with the permission of the Reserve Bank of India. Consequently, the connected applications are closed.

25..06..2018 vrc Note : Issue judgment copy today (25.06.2018)

N.SATHISH KUMAR, J.

vrc C.S.No.72 of 2018 25.06.2018