Judgment · High Court
Case at a glance
Outcome
Withdrawn
88 of 2025 is dismissed as withdrawn
Provisions considered
Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 16.04.2025CORAMTHE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHYC.S.(Comm Div) No.88 of 2025&A.No.1706 of 2025M/s.Simar Port Private LimitedRepresented by tis Authorized RepresentativeCapt. Nitin BordeLand Survey number 840/P1/P5,Village Chhara Gir, Somnath, Kodinar, Gujarat, India-362 720. ... Plaintiff-vs-Owners and Parties interested in the VesselTug Sea Hunter (IMO No.9549827),An Indian Flagged Motored Tug, registered at Mumbaitogether with her hull, gears, tackle, engines, machinery, apparels, plant, furniture, Fixtures, equipment, paraphernalia and all other appurtenancesPresently at PY03 Oilfield, in Indian territorial Waters, and represented by its Master. ... Defendant1/5 https://www.mhc.tn.gov.in/judis PRAYER: Civil Suit (Commercial Division) is filed under Order XLII, Rule 1, 2 and 3 of OS Rules read with VII Rule 1 of CPC and Sections 3 & 4 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 and Section 7 of the Commercial Court Act, 2015, prays for a Judgment and Decree against the Defendant as under:a.
For a sum of INR 2,33,11,325/- plus Interest @ 18% from the date of filing of the suit and further interest on the aforesaid claim from the date of filing of the present suit till the date of realization together with costs.b. For arrest and sale of the Defendant Vessel MV Sea Hunter (IMO 9549827), flying the flag of India, now lying at PY 03 Oil Field Port, within the jurisdiction of this Court along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furniture, fixtures, appurtenances and paraphernalia, plant and machinery lying at PY 03 Oil Field Port and direct the deposit of the sale proceeds in this Court towards satisfaction and by way of security 2/5 https://www.mhc.tn.gov.in/judis towards the Plaintiff's claim; and / orc. Pass such other and further reliefs as this Court deems fit and proper in the circumstances of this case and thus render justice. For Plaintiff : Mr.Manikanda Prabhu JFor Defendant : Mr.P.Giridharan **********JUDGMENTThe suit was filed as an admiralty action in rem.
Operative part
By order dated 27.03.2025, the arrest of vessel MV Sea Hunter (IMO 9549827) was ordered. Learned counsel for the plaintiff has filed a memorandum dated 15.04.2025 today. Annexed thereto is a settlement agreement dated 08.04.2025. The settlement agreement has been signed by the plaintiff and the defendant through their director and managing director, respectively. The plaintiff seeks to withdraw the suit in view of such settlement.2. Accordingly, it is ordered as follows:3/5 https://www.mhc.tn.gov.in/judis (i) C.S.(Comm. Div.) No.88 of 2025 is dismissed as withdrawn. In view of the settlement, the plaintiff is entitled to refund of the court fee. (ii) The Registrar shall issue a warrant for release of the vessel MV Sea Hunter (IMO 9549827). Both this order and the warrant of release shall be issued today. The warrant of release shall be handed over to the learned counsel for the defendant. Consequently, A.No.1706 of 2025 is closed.16.04.2025kalIndex : Yes / NoInternet : Yes / NoNeutral Citation: Yes / NoNote: Issue order copy today i.e.16.04.2025SENTHILKUMAR RAMAMOORTHY J. 4/5 https://www.mhc.tn.gov.in/judis kalC.S.(Comm Div) No.88 of 2025&A.No.1706 of 202516.04.20255/5
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: 88 of 2025 is dismissed as withdrawn
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — r. 1; Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 — ss. 3, 4.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.