M/S.Victory Shipping Pte Ltd. v. Owners And Parties Interested

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 09.08.2019 Coram The Honourable Mr.Justice KRISHNAN RAMASAMY and A.Nos.1848, 1849, 2388, 2904 & 3290 to 3292 of 2014 M/s.VICTORY SHIPPING PVT. LTD., 371, Beach Road, #02-17 Keypoint Singapore 199597 Represented by its Power Agent Mr.S.Ramamoorthy, Branch Manager, M/s.Pandi Correspondents Pvt. Ltd., Gee Gee Plaza, Flat No.1/23, 3rd Floor, Nungambakkam, Chennai - 600 034.

...Plaintiff

Versus

1.Owners and Parties interested in the Steam Coal weighing 54,650 M.T. lying on Board the Vessel M.V.BEAUTIFUL RENA now lying at Port of Tuticorin and represented by its Master 2.Owners and Parties interested in the Vessel M.V.BEAUTIFUL RENA now lying at the Port of Tuticorin and represented by its Master.

3.VERICOM INTERNATIONAL PRIVATE LIMITED, Tung Centre, 09-04, 20, Collyer Quay, Singapore - 049 319.

..Defendants 1/4

This suit is filed under Order XLII Rule 1, 23, 8 & 9 of O.S.Rules r/w. Order VII Rule 1 of C.P.C for the following reliefs: (a) for a sum of US$528,222/- equivalent to INR 3,24,85,653 together with its interest @ 18% p.a. calculated at 1 US$ = 61.50 or such other high rate as may be applicable on the date of decree from the date hereof till payment in full;

(b) arrest and sale of the first defendant Cargo now lying on board the second defendant Vessel M.V.BEAUTIFUL RENA, presently at the Tuticorin Port, after discharging the same under the lien of the plaintiff;

(c) adjust the sale proceeds against the amount due to the plaintiff towards its claim in prayer (a) above. (d) costs of the suit.

For Plaintiffs :

Mr.S.Vasudevan For Defendant - 1 :

No Appearance Defendant - 2 :

Mr.S.Raghunathan Defendant - 3 :

Mr.Sarathchander

J U D G M E N T

The learned counsel for plaintiff submitted that already the Arbitration Award was passed in the present suit and also the plaintiff received the part satisfaction through the execution proceedings. He has also made an endorsement to that effect. 2/4

2. In view of the submission coupled with an endorsement made by the plaintiff's counsel, nothing survives in the present suit for further adjudication. Therefore, this Civil Suit is dismissed as infructuous by this Court. No costs. Consequently, connected Applications are closed.

09.08.2019 mrr Index : Yes/No 3/4

KRISHNAN RAMASAMY, J., mrr 09.08.2019 4/4