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Madras High CourtC.S(COMM DIV)/131/2025decreed

Torque Technics Rep By Its Authorized Signatory K Gurumurthi v. Owners And Parties Interested In Vessel Sea Hunter Having Imo No 9549827 Having Indian Flag

2025-09-17Honourable Mr.Justice N.Senthilkumar8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.09.2025

CORAM

THE HONOURABLE MR.JUSTICE N. SENTHILKUMAR and A.No.2420 of 2025 Torque Technics, Rep. by its authorized Signatory K.Gurumurthi No. 37/20, 3rd Lane, North Beach Road, Chennai 600001.

... Plaintiff vs.

Owners and Parties interested in vessel Sea Hunter having IMO No. 9549827 Having Indian Flag, Now lying at withing Cuddalore Port Limits, Port Road, Old town, Cuddalore - 607 003.

Represented by its Master.

.. Defendant Prayer: Plaint filed under Sections 3, 4, 5 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 R/W Order VII Rule 1 of Civil Procedure Code, 1908 and Order IV Rule 1 & Rule 2 & Order XLII, O.S. Rules 1956, prays for the Judgment and Decree against the defendant as follows:

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A. That the defendant vessel directed to pay the plaintiff towards the suit claim made a sum of Rs.4,12,118/- (Rupees Four Lakhs Twelve Thousand One hundred and Eighteen only) together with interest calculated as per section 15 & 16 of MSMED Act 2006 totaling to Rs.6,42,085/- (Rupees Six Lakhs Forty-Two Thousand Eighty-Five Only) totaling at Rs.10,54,203/- (Rupees Ten Lakhs Fifty-Four Thousand two Hundred and Three Only) along with the further interest from the date of plaint till the date of realization;

B. That the defendant Vessel be detained/arrested from sailing away from the Port limits of Cuddalore, Port Road, Old Town/Indian Territorial waters by an order of arrest, together with her hull, tackle engine, machinery, spares, gear, apparel, paraphernalia, furniture articles, things on board, etc.;

C. Award cost of the suit.

For Plaintiff : Ms. P.Bhavani Devi For Defendant : Mr.H.Siddharth

J U D G M E N T

The suit was filed as an admiralty action for recovery of a sum of Rs.10,54,203/-. The matter was referred for mediation to the Tamil Nadu Mediation and Conciliation Centre. The plaintiff and the defendant 2/8

participated in such mediation. The said parties arrived at a settlement and executed the Settlement Agreement dated 11.08.2025. The Mediation Centre has placed on record mediation report dated 11.08.2025 enclosing the Settlement Agreement. The Settlement Agreement is extracted hereunder: 3/8

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2. Recording the Settlement Agreement dated 11.08.2025, C.S.(Comm.Div.) No.131 of 2025 is decreed in terms thereof. Such Settlement Agreement dated 11.08.2025 shall form an integral part of the decree. Since a settlement was recorded pursuant to a reference to mediation, 6/8

refund of Court fee shall be made to the plaintiff, if eligible. There will be no order as to costs. Consequently, connected application stands closed. 17.09.2025 Index : Yes / No Internet : Yes / No kj 7/8

N. SENTHILKUMAR,J.

kj and A.No.2420 of 2025 17.09.2025 8/8