✦ Madras High Court

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Key paragraphs

  • Para 33. On examining the records, this application is liable to be and is hereby allowed. Consequently, the plaintiff shall carry out the amendment in the application on or before 07.07.2025, and serve a copy of the amended application on the respondents.

Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 30.06.2025CORAMTHE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHYA.No.2886 of 2025in C.S.(Comm. Div.) No.133 of 2025M/s.S B P Cold Storage Private Limited, Represented by its Director Mr.B.Prasanna Ramanujam, No. 63/3, Cauvery Nagar, Back Side Sindhi College, Poonamalle High Road, Velappanchavadi, Chennai 600 077. ... Applicant/Plaintiff-vs-1. Owners and Parties Interested in Motor Vessel M V Hyundai ForceHaving IMO No.9347566, A foreign flagged vessel flying Marshal Islands, together with her hull, tackle, engines, gears, plant, machinery, Articles, things, appurtenant, things, apparel and other Paraphernalia on board, presently lying at KICT Chennai, Kattupalli International Container Terminal, within Indian territorial waters, and represented by its Master.

2.

Owners and Parties Interested in Motor Vessel M V Hyundai BraveHaving IMO No.9346304, A foreign flagged vessel flying Marshal Islands, together with her hull, tackle, engines, gears, plant, machinery, Articles, things, appurtenant, things, apparel and other Paraphernalia on board, Represented by its Master, at Sea. ... Respondents/DefendantsPrayer: Application is filed under Order XIV Rule 8 Read With Order VI 1/4 https://www.mhc.tn.gov.in/judis Rule XVII of Code of Civil Procedure, 1908 to permit the plaintiff to change the cause title alone in A.No.2427 of 2025 filed in support of arrest, Judges summon, order and decree dated 30.05.2025 as follows:

Owners and Parties Interested in Motor Vessel M.V. Hyundai Brave, Having (IMO No.9346304)A foreign-flagged vessel flying Marshal Islands, together with her hull, tackle, engines, gears, plant, machinery, Articles, things, appurtenant, things, Apparel and other Paraphernalia on Board, Represented by its Master, at Sea.

For Applicant : Mr.ADV (CAPT) V.J.PushpakumarFor R1/D1 : Ms.Deepika MuraliORDERBy this application, the plaintiff seeks an amendment to the cause title in Application No.2425 of 2025. 2. Learned counsel for the plaintiff submits that the plaintiff had erroneously described the second defendant vessel as 'flying the flag of the Republic of Korea' instead of correctly describing the vessel as 'flying the 2/4 https://www.mhc.tn.gov.in/judis flag of Marshal Islands.

3.

On examining the records, this application is liable to be and is hereby allowed. Consequently, the plaintiff shall carry out the amendment in the application on or before 07.07.2025, and serve a copy of the amended application on the respondents.

4.

List the matter on 16.07.2025. 30.06.2025kjSENTHILKUMAR RAMAMOORTHY,J3/4 https://www.mhc.tn.gov.in/judis kjA.No.2886 of 2025in C.S.(Comm. Div.) No.133 of 202530.06.20254/4

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