Torque Technics Rep By Its Authorized Representatiive K Gurumurthi v. Owners And Parties Interested In Vessel Ssl Sabarimalai Having Imo No 9223899

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.05.2025

CORAM

THE HONOURABLE MRS JUSTICE N. MALA C.S.(COMM.DIV) No.125 of 2025 Torque Technics, No.37/20 3rd Lane North Beach Road, Chennai-600 001 Rep. by its authorized representative K.Gurumurthi ...Applicant/Plaintiff Vs Owners and Parties interested in vessel SSL Sabarimalai having IMO No.9223899 Having Indian Flag, Now lying at within Indian Port's Foreshore limits DP World Container Terminal Chennai Port, Represented by its Master.

.... Respondent/Defendant This plaint is filed under Sections 3, 4 and 5 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 R/W Order VII Rule 1 of Civil Procedure Code, 1908 order IV Rule 1 and Rule 2 Order XLII, O.S. Rules 1956, praying for the following reliefs:- A. That a Judgment and decree for a sum of Rs.8,02,666 (Rupees Eight Lakhs Two Thousand six hundred and sixty-six only) together with interest @ 20.25% calculated as per "section 15 & 16 of MSMED Act 2006" totaling to Rs.7,76,760/- (Rupees Seven Lakhs Seventy-six thousand Seven Hundred and sixty only) totalling at Rs.15,79,426/- (Rupees Fifteen Lakhs Seventy-Nine 1/4

Thousand Four Hundred and Twenty-Six only) along with the further interest till the date of realization.

B. That the Defendant Vessel be detained/arrested/restrained from sailing away from the Port limits of DP World Container Terminal Chennai Port/Indian Territorial waters by an order of arrest/injunction, together with her hull, tackle engine, machinery, spares, gear, apparel, paraphernalia, furniture articles, things on board, etc., C. That the Defendant Vessel to be ordered and decreed to be sold through court and the amounts realized be directed to be paid to the plaintiff towards the suit claim made in prayer (a) above. D. Award Cost of the suit.

E. Any other relief (s) may kindly be granted in favor of the Plaintiff under the facts and circumstances of the case as this Hon'ble Court may deem fit and proper.

For Applicant/Plaintiff : M/s.Puhazh Gandhi For Respondent/Defendant : M/s.Deepika Murali

O R D E R

The learned counsel for the plaintiff as well as defendant produced the settlement Agreement and Release entered into between them on 02.05.2025, whereunder, the suit claim of Rs.15,79,426/- (Rupees Fifteen Lakhs SeventyNine Thousand Four Hundred and Twenty-Six only), claimed towards the repair of the vessel belonging to the defendant was amicably settled. 2/4

2. In view of the aforesaid settlement arrived at between the parties, the suit is dismissed as withdrawn.

3. As the suit is withdrawn as settled, the plaintiff shall be entitled to return of the Court fee as per Rules.

02.05.2025 (1/2) dsn Note:

Issue order copy today To:

The Master, Owners and Parties interested in vessel SSL Sabarimalai having IMO No.9223899 DP World Container Terminal Chennai Port.

Copy to:

The Sub-Assistant Registrar, Original Side, High Court, Madras.

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N. MALA, J.

dsn C.S.(COMM.DIV) No.125 of 2025 02.05.2025 (1/2) 4/4