C.S. (Comm.Div.) No.28 of 2025 and A. Nos.393 & 394 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.01.2025 CORAM THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE C.S. (Comm.Div.) No.28 of 2025 and A. Nos.393 & 394 of 2025 Organo Proteins Pvt. Ltd., represented by its Director Jacob Mathew .. Plaintiff -vs- MV.YM Fountain .. Defendant Prayer: Civil Suit has been filed under Order VII Rule 1 of the Code of Civil Procedure read with Sections 3 and 5 of the Admiralty Jurisdiction and Settlement of Maritime Claims Act, 2017 to grant a judgment and decree on the following terms: a)That this Court be pleased to pass an order of arrest and decree in favour of the plaintiff and against the defendant vessel and/or her master and/or her owners and/or managers and/or operators or defendant owners and/or all persons interested in her to the sum of principal amount of INR 16,26,69,000.00 (INR Sixteen Crores Twenty Six Lakhs Sixty Nine Thousand only) and future interest @ 18% interest till realisation of the claim amount; b)That the defendant vessel MV. YM Fountain (IMO 9278090) together with her hull, engines, gears, tackles, bunkers machinery, apparel, plant, furniture, fixtures, appurtenances and paraphernalia plant and 1/4 https://www.mhc.tn.gov.in/judis C.S. (Comm.Div.) No.28 of 2025 and A. Nos.393 & 394 of 2025 machinery at present lying at Adani Kattupalli Port or wherever she is within the territorial waters of India be arrested by a Warrant of arrest of this Court and the same be condemned in respect of the claim herein and be ordered to be sold along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furniture, fixtures, appurtenances and paraphernalia and the net sale proceeds thereof be ordered to be applied to the satisfaction of the plaintiff's claim herein and the costs of the suit. For plaintiff : Ms.Anita Thomas J U D G M E N T Since the learned counsel for the plaintiff has now realised that there is no cause of action for the plaintiff to sue the defendant vessel, the learned counsel for the plaintiff has made an endorsement in the Court bundle stating that the plaint may be rejected and refund of court fees may be ordered by this Court and also liberty may be granted for the plaintiff to file an appropriate action before the appropriate forum. 2.In view of the endorsement made by the learned counsel for the plaintiff, the plaint is rejected and liberty sought for in the endorsement is granted in favour of the plaintiff. 2/4 https://www.mhc.tn.gov.in/judis C.S. (Comm.Div.) No.28 of 2025 and A. Nos.393 & 394 of 2025 3.In view of the same, this Court directs the registry to refund the full court fees to the plaintiff. No costs. Consequently, connected applications are closed. 28.01.2025 vga 3/4 https://www.mhc.tn.gov.in/judis C.S. (Comm.Div.) No.28 of 2025 and A. Nos.393 & 394 of 2025 ABDUL QUDDHOSE, J. vga C.S. (Comm.Div.) No.28 of 2025 and A. Nos.393 & 394 of 2025 28.01.2025 4/4 https://www.mhc.tn.gov.in/judis