M/S.Allbest Offshore Marine v. M/S.Qusapman Traders

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN CIVIL SUIT No.687 of 2016 M/s.Allbest Offshore Marine (India) Private Limited, OSV Gate-I, SKL Complex, Kakinad Deep Water Port, Beach Road, Kakinada, Andhra Pradesh 533 007, rep. By its Commercial Manager, Gorlli K.K.K.Chaitanya ... Plaintiff Vs.

1.

M/s.Qusapman Traders, rep. by its Managing Partner, Shenbagaraj Suresh, No.1016/4, A1-Haramin Court View Complex, Kamraj Nagar, Palayamkottai, Tirunelveli, Tamil Nadu.

2.

The Chairman cum Managing Director, Chennai Port Trust, No.1, Rajaji Salai, Chennai 600 001.

... Defendants Civil Suit filed under Order VII Rule I of the Code of Civil Procedure, 1908 read with Order IV Rule 1 of O.S. Rules, 1956 seeking the following reliefs: (i) To direct the 1st Defendant to return and handover the goods morefully described in the Schedule to the plaint under the custody of the 1st Defendant and lying in the Chennai Port Trust (2nd Defendant) forthwith and

(ii) To direct the 1st Defendant to pay a sum of Rs.50,00,000/- (Rupees Fifty Lakhs only) being the damages for loss of profit due to failure of shipment as per the directions of the Plaintiff and (iii) Directing the 1st Defendant to pay costs of the above suit.

* * * * * * * For Plaintiff :

Mr.M.Vijay Anand For Defendants :

Mr.S.Concious Ilango

J U D G M E N T

Today, when the matter is taken up for hearing, learned counsel for the parties submitted that the parties have entered into compromise and produced the Memorandum of Compromise dated 30.01.2019 entered into between them.

2. Recording the same, this Civil Suit is decreed in terms of the Memorandum of Compromise. The Memorandum of Compromise shall form part of the Decree. No costs. Consequently, connected Application Nos.4802 and 4803 of 2016 are closed. Refund of Court fee to the Plaintiff, as permissible under the Rules, is ordered.

21.02.2019 Index :

Yes/No Speaking Order :

Yes/No (aeb)

S.VAIDYANATHAN,J.

(aeb) Civil Suit No.687 of 2016 21.02.2019