Colombo Engineering v. Owners And Parties Interested

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH C.S.No.293 of 2016 and A.No.2462 of 2016 Colombo Engineering Services (Private) Limited, Passenger Terminal Building, Port of Colombo, Colombo 01, Srilanka rep. By its General Power Agent S.Prabhakar ... Plaintiff Vs Owners and Parties interested in the vessel MV YANGZE 6 now lying at the Port of Chennai and is rep. By its Master ... Defendant Plaint filed under Order XLII Rules 1, 2 and 3 of the Original Side Rules r/w Order VII Rule 1 of C.P.C.

For Plaintiff : Mr.Abdul Quddhose

JUDGMENT

This matter is listed today, on the request made by the learned counsel for the plaintiff.

2.Learned counsel for the plaintiff submitted that the suit may be dismissed as settled out of Court as the dispute has been amicably resolved between the parties. A further submission has been made that half of the court fee may be refunded in the name of the power of attorney holder of the plaintiff, who in fact signed the pleadings. He has also made an endorsement to that effect. 3.In view of the above, the civil suit is dismissed as settled out of Court a nd the Registry is directed to refund half of the court fee to the power of attorney holder of the plaintiff. No costs. Consequently, Application No.2462 of 2016 is also dismissed, making it clear that the defendant vessel gets released from the arrest and it is free to sail.

03.06.2016 Index:Yes/No Internet:Yes/No mmi Note: Registry is directed to issue release warrant today in favour of the learned counsel for the plaintiff, as mandated under Order 42 Rule 18 of the Madras High Court Original Side Rules.

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

M.M.SUNDRESH,J

mmi C.S.No.293 of 2016 03.06.2016