Madras High CourtCS/291/2016settled before the lokadalats

Mcmg Workdwide Ltd., v. Owners And Parties

2016-06-09Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2016

CORAM

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH C.S.No.291 of 2016 and A.No.2460 of 2016 MCMG Worldwide Limited represented by its Power Agent R.Vettrivel ... Plaintiff vs.

Owners and Parties interested in the Vessel M.V.LORD, presently lying at the Port of Karaikal, India and represented by its Master ... Defendant Civil Suit is filed under Order XLII Rules 1, 2 and 3 of the O.S. Rules r/w Order VII Rule 1 of C.P.C. For Plaintiff : Mr.S.Vasudevan

JUDGMENT

The suit is filed for recovery of money, for arrest and sale of the defendant Vessel M V LORD lying at Port of Karaikal, India and for a direction to adjust the sale proceeds of the defendant Vessel against the suit claim.

2. Learned counsel for the plaintiff submitted that the suit may be dismissed as settled out of court and the Registry may be directed to refund half of the court fee. https://hcservices.ecourts.gov.in/hcservices/

Consequently, the order of arrest dated 19.05.2016, which was subsequently modified on 24.05.2016 may be vacated and the Vessel may be permitted to proceed with. He has also made an endorsement to that effect in the plaint.

3. Considering the said submission and also considering the endorsement made by the learned counsel for the plaintiff, the suit is dismissed as settled out of court. Registry is directed to refund half of the court fee in the name of the power agent of the plaintiff. Consequently, Application No.2460 of 2016 is also dismissed and the interim order already granted shall stand vacated. In view of the same, the Vessel is allowed to be proceeded and the warrant for release of the Vessel is directed to be issued to the counsel for the plaintiff today. Sd/M.M.S.J 09.06.2016 //Certified to be a true copy// Dated this the day of 2016 S.s/27.09.2016 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

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