Mr.Igor Kozakov v. Owners And Parties
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.06.2016
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH C.S.No.352 of 2016 & A.No.2912 of 2016 1.Mr.Igor Kozakov 2.Mr.Babur Bayburt 3.Mr.Rezo Vakhtangidze 4.Mr.Levan Vakhtangidze 5.Mr.Volkan Sirin 6.Mr.Hikmet Ozcan 7.Mr.Yunus Emre Unlu All working on Board the Vessel MV KARAAGAC, now lying at The Port of Chennai and represented by their Power of Attorney Mr.K.Sreekumar, S/o P.Krishnan Kutty, No.34, Second Line Beach, Chennai-600 001.
.. Plaintiffs Vs.
Owners and parties interested in The Vessel MV KARAAGAC now Lying at the Port of Chennai, Represented by its Master .. Defendant Civil Suit filed under Order XLII Rules 1, 2 & 3 of the Original Side Rules read with Order VII Rule 1 C.P.C for a judgment and decree against the owners of the defendant vessel MV KARAAGAC for a sum of US $59075.25 (U.S. Dollar fifty nine thousand and seventy five and cents twenty five only) equivalent to Rs.39,58,041.75 (Rs. Thirty nine lakhs fifty eight thousand and forty one and paise seventy five only) calculated at the
rate of 1 US $ = Rs.67 together with future wages from this date till the last date of their discharge/sign off from the defendant vessel MV KARAAGAC and repatriation charges and for arrest and sale of the defendant vessel MV KARAAGAC in as is where is condition, presently in Indian waters at the Port of Chennai, Tamil Nadu State, India, and for a direction to adjust the sale proceeds of the defendant Vessel MV KARAAGAC against the suit claim and for costs of the suit.
For plaintiffs : Mr.Abdul Quddhose
JUDGMENT
When the matter is taken up on the mentioning made by the learned counsel for the plaintiffs, the learned counsel submits that the matter has been settled between the parties and an endorsement has already been made.
2. In view of the endorsement so made and the submission, the above civil suit stands dismissed as settled out of Court. The defendant shall have the vessel released from the arrest. The Registry is directed to issue release warrant to the counsel for the plaintiffs today itself and refund half of the Court fee. No costs. Consequently, A.No.2912 of 2016 is also dismissed.
30.06.2016
Note: Issue order copy on 30.06.2016 M.M.SUNDRESH,J.
C.S.No.352 of 2016 & A.No.2912 of 2016
30.06.2016