Nandakumar v. Owners And Parties Interested

C.S. (COMM.DIV.) No.294 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.12.2023

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE C.S. (COMM.DIV.) No.294 of 2023 and A.No.6473 of 2023 Nandakumar .. Plaintiff /versus/ Owners and Parties interested In the vessel M.V.Puravalani presently named as M.V.Rahima .. Defendant Prayer: Civil Suit has been filed under Order XLII Rule 1 of the Madras High Court Original Side Rules read with Section 5 of the Admirality Courts Act read with Order VII Rule 1 of C.P.C. prays for a judgment and decree against the defendant:

a)for a sum of USD $5,326.00 (US Dollar Five Thousand Three Hundred and Twenty Six only) equivalent to INR Rs.4,48,129.00 (Rupees four lakh forth eight thousand one hundred and twenty nine only) (calculated @ 1 US $ = Rs.84.14) or such sum of India Rupees, whichever to higher from the defendant vessel M.V.PURAVALANI presently named as M.V.RAHIMA;

b)for arrest and sale of the defendant vessel M.V.PURAVALANI presently named as M.V.RAHIMA in as is where is condition, presently in India waters at the port of Tuticorin, India; https://www.mhc.tn.gov.in/judis 1/2

C.S. (COMM.DIV.) No.294 of 2023 ABDUL QUDDHOSE, J.

vga c)for a direction to adjust the sale proceeds of the defendant vessel M.V.PURAVALANI presently named as M.V.RAHIMA against the suit claim; and d)for costs of this suit.

For Plaintiff : Mr.P.Muthusamy

J U D G M E N T

Learned counsel for the plaintiff submits that the matter has been settled out of court. He has also made an endorsement to that effect in the Court bundle. Accordingly, this suit is dismissed as settled out of Court and refund of full court fees is directed to be paid to the plaintiff. Consequently, connected application is closed. No costs. 21.12.2023 vga C.S. (COMM.DIV.) No.294 of 2023 and A.No.6473 of 2023 https://www.mhc.tn.gov.in/judis 2/2