Island Oil Limited v. Owners And Parties Interested
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.08.2025
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY C.S.(Comm Div) No.197 of 2025 & A.No.3759 of 2025 Island Oil Limited, A Company incorporated under Cyprus Laws, having its office at 145-149 Chr. Hadjipavlou Street, Christiel Building 2nd Floor, CY-3036, Limassol, Cyprus, PO Box 50663, CY-3608, Limassol Rep. by its POA Mr.Santosh Koli ... Plaintiff -vsOwners and Parties Interested in M.V.Jin Rong (IMO No.9403061), a motor vessel, flying the flag of Hong Kong, presently lying at the V.O.Chidambaranar Port and represented herein by its Master ... Defendant PRAYER: Plaint filed under Order VII Rule 1 of the Civil Procedure Code R/W Order IV Rule 1 of Madras High Court Original Side Rules and 4 and Section 16 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 and Rules 2 & 3 of the Rules for Regulating the Procedure and Practice in cases brought before the High Court of Judicature 1/5
at Madras in the exercise of its admiralty jurisdiction framed by the High Court prays for judgment and decree against the defendant vessel as follows:
a. For a sum of USD 355,121.62(US Dollar Three Hundred and Fifty Five Thousand One Hundred and Twenty One Dollars and Sixty Two Cents only) equivalent to Rs.3,08,38,761.48 (Three crore eight lakh thirty-eight thousand seven hundred sixty-one rupees and forty-eight paise Only) calculated at the rate of 1 USD=Rs.86.84 along with contractual rate of interest @ 2% pro rata from the date of this Plaint till the date of realization of such higher rate as on the date of Decree; b. For arrest and sale of the Defendant Vessel m.v. JIN RONG in as is where is condition, together with the engines, tackles, cranes, paraphernalia, fixtures, furniture and fittings, presently in Indian waters at V.O.Chidambaranar Port, Tuticorin, Tamil Nadu State, India within the jurisdiction of this Court and territorial waters of India; c. For a direction to adjust the sale proceeds of the Defendant Vessel m.v. JIN RONG against the suit claim; and d. for costs of this Suit. For Plaintiff : M/s.P.Giridharan H,Siddarth For Defendant : Ms.Deepika Murali 2/5
JUDGMENT
The present suit is filed by the plaintiff for the recovery of claim amount of USD 355,121.62 which is said to be equivalent to Rs.3,08,38,761.48. As per the plaintiff, the claimed amount is a sum of the principal amount of USD 299,518.90, along with contractual interest @ 2% per month pro rata for the delay aggregating to USD 25,602.72, from the due date of the Invoice till 29.07.2025, and legal costs of USD 30,000.
2. Pursuant to hearing on 1st August 2025, this Court directed the Registry to issue a warrant in accordance with the Admiralty Rules of this Court for the arrest of the vessel, MV JIN RONG (IMO No.9403061).
3. Learned counsel for the defendant submits that the plaintiff has received a sum of USD 356,458.23 towards the full and final satisfaction of the claim amount from the sub-charterer of the vessel, i.e., China Blue Whale Co. Ltd., and learned counsel for the plaintiff acknowledges receipt of the said sum by the plaintiff.
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4. The Registry is directed to issue necessary release warrant in accordance with Admiralty Rules of this Court for release of the said vessel, i.e. MV JIN RONG (IMO No.9403061).
5. Learned counsel for the defendant is also permitted to issue an email communicating such release to the Port and customs authorities and such authorities are directed to act upon receipt of the e-mail.
6. In light of the above, the present suit stands disposed of and the vessel, MV JIN RONG (IMO No.9403061), stands released effective immediately. Since the suit has been settled out of Court at the pre-trial stage, the plaintiff shall be entitled to refund of full court fee. 12.08.2025 Index : Yes/No Speaking/ Non-Speaking Order: Yes/No kal Note: Issue order copy today itself 4/5
SENTHILKUMAR RAMAMOORTHY J.
kal C.S.(Comm Div) No.197 of 2025 & A.No.3759 of 2025 12.08.2025 5/5