Sivan P B v. Owners And Parties Interested In The Vessel Mt

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.10.2019 Coram The Honourable Mr.Justice N.SATHISH KUMAR Sivan P.B ...Plaintiff

Versus

Owners and Parties Interested in the Vessel MT Desh Shakthi (IMO 9263734) and her owners and/or managers and / or master and all other persons concerned interested in her, a Indian flag vessel, together with her hull, tackle, engines, gears, plant, machinery, articles, things, apparel, equipment, stores and other paraphernalia on board, at present lying in the port and harbour of Chennai Port in Indian territorial waters and represented by her Master.

...Defendant This Civil Suit is filed under Order XLII Rule 2 of Original Side Rules, prayed (a) let a judgment and decree for Rs.2,00,000.00 (Rupees Two crore only) be passed against the defendants and further they be ordered/directed to pay the plaintiff the aforesaid amount with 18% interest from the date of suit till the date of payment and realization in full;

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(b) let the defendant vessel 'M.T. Desh Shakthi' be detained/arrested/restrained from sailing away from the port limits of Chennai/Indian Territorial waters by an order of arrest/injunction, together with her hull, tackle, engine, machinery, spares, gear, apparel, paraphernalia, furniture, article, things on board, etc., (c) that the defendant vessel 'M.T. Desh Shakthi' be ordered and decreed to be paid to the plaintiff towards the suit claim made in prayer (a) above;

For Plaintiff :

Mrs.Anita Thomas For Defendant :

Mr.Joy Thattil Ittoop

J U D G M E N T

When the matter was taken up today, the learned counsel for the plaintiff and the defendant submitted that the matter has been compromised in the Mediation Centre and the Memorandum of Compromise has also been signed by the parties before the Medication Centre. The Joint Memorandum of Compromise filed by the parties before the Mediation Centre has also been sent to this Court.

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2. In view of the same, this suit is decreed in terms of the Joint Memorandum of Compromise entered between the parties before the Mediation Centre and the above Joint Memorandum of Compromise shall form part of the decree. The Court Fee is Ordered to be returned to the plaintiffs as per law. 03.10.2019 Index : Yes/No rst 3/4

N.SATHISH KUMAR , J., rst 03.10.2019 4/4