Madras High CourtA/5450/2017allowed

Bilyayev Eduard v. M/S.Infinity Shipping Private

2017-09-12Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 12TH DAY OF SEPTEMBER 2017 THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN A. No.5450 OF 2017 IN C.S.No.637 OF 2017 C.S.No.637 of 2017:

M/s.Infinity Shipping Private Limited, 53-55, Rowthar Chambers, IV Floor, Rajaji Salai, Chennai- 600 001 Rep.by its Managing Director, Mr.K.V.Ganesh : Plaintiff Vs.

Owners and Parties interested in the Vessel M V THEOXENIA presently Lying at the Port of Kakinada and is Represented by its Master : Defendants A.No.5450 of 2017:

Bilyayev Eduard, presently on Board the Vessel, M V THEOXENIA now lying at The Port of Kakinada Rep.by his Power Agent, Mr.R.Vetrivel ..Applicants/Intervenor versus M/s.Infinity Shipping Private Limited, 53-55, Rowether Chambers, IV Floor, Rajaji Salai, Chennai- 600 001 Rep.by its Managing Director, Mr.K.V.Ganesh ..1st Respondent/Plaintiff Owners and parties interested in the vessel M V THEOXENIA presently Lying at the Port of Kakinada and is Represented by its Manager ..2nd Respondent/Defendants

Application praying that this Hon'ble Court be pleased to grant an order of arrest of the Defendant vessel, M V Theoxenia, now lying at the Port of Kakinada, India, or wherever available together with her engines, gears, tackles, apparel, plant, machinery, furniture and fittings and paraphernalia pending disposal of the suit. This application coming on this day before this court for hearing, the court made the following order: This application has been filed seeking to grant an order of arrest of the defendant vessel, M V Theoxenia, now lying at the Port of Kakinada, India, or wherever available together with her engines, gears, tackles, apparel, plant, machinery, furniture and fittings and paraphernalia pending disposal of the suit.

2. The learned counsel for the applicant stated that the defendant vessel was already directed to be arrested as per the order dated 16.08.2017. Consequently, the crew members have filed applications No.5079/2017 and A.No.5080/2017. Taking note of the earlier order dated 16.08.2017, and the present order in A.No.5449 of 2017, this application is allowed.

Sd/.C.V.K.J.

12.09.2018 //Certified to be a true copy// Dated this the th day of 2018. DL/01.02.2018 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.