C.S.(Comm.Div.) No.41 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.04.2025 CORAM THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY C.S.(Comm.Div.) No.41 of 2024 and A.Nos.1055, 1056, 1057 & 2688 of 2024 M/s.Nessa Ship Management Private Limited Represented by its Managing Director / Authorized Representative Having their Registered Office at No.1001, 10th Floor, Bay View Tower, Plot No.7, Sector – 11, CBD Belapur, Navi Mumbai 400 614. ... Plaintiff -vs- 1.Owners and Parties interested in the Vessel “ACCOMLICE (IMO No.9164079)” flying a palu flag together with her hull, tackle engines, machinery, paraphernalia and all her appurtenant on board presently in the territorial waters of India, in Tuticorin Port limits and Represented by its Master. 2.Owners and Parties interested in the Vessel “AVADH (IMO No.9564358)” flying a palu flag together with her hull, tackle engines, machinery, paraphernalia and all her appurtenant on board presently in the territorial waters of India, in Tuticorin Port limits and Represented by its Master. 3.Owners and Parties interested in the Vessel “OCEANLEC 263 (IMO No.9506978)” flying a palu flag together with her hull, tackle engines, machinery, paraphernalia and all her appurtenant on board presently in the territorial waters of 1/5 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.41 of 2024 India, in Tuticorin Port limits and Represented by its Master. 4.M/s.The Middle East Marine LLC No.3401, Burlington Tower, Business Bay, Dubai, PO Box 115150, UAE. ... Defendants PRAYER: Civil Suit (Commercial Division) filed under Section 3, 4, 5 and 16(2) and (3) of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 Read With Order VII Rule 1 Civil Procedure Code, 1908, praying to grant a judgment and decree on the following terms:- (a) Let a Judgment and decree for USD 3,00,496.47/- (Three Lakhs Four Hundred Ninety Six U.S.Dollars and Forty Seven cents only) be passed against the Defendants and further they be ordered / directed to pay the Plaintiff the aforesaid amount with 12% interest on USD 3,00,496.47/- from the date of suit till the date of payment and realization in full: (b) Let the Defendant vessel 1 to 3 be detained / arrested / restrained from sailing away from the Port limits of Tuticorin / Indian Territorial waters by an order of arrest / injunction, together with her hull, tackle, engine, machinery, spares, gear, apparel, paraphernalia, furniture, articles, things on board etc., 2/5 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.41 of 2024 (c) That the Defendant vessel 1 to 3 be ordered and decreed to be sold through court and the amounts realized be directed to be paid to the Plaintiff towards the suit claim made in prayer (a) above. (d) Award Cost of the suit. For Plaintiff : Mr.S.Raghunathan, Ms.V.Shranya For Defendants : Mr.S.Vasudevan ********** JUDGMENT Both learned counsel for the plaintiff and learned counsel for the defendants submit that parties have reached a settlement and recorded the terms thereof in joint memorandum of compromise dated 11.04.2025. The said joint memorandum of compromise has been placed on record. In view thereof, both the plaintiff and the defendants seek refund of the entire court fee paid on the plaint and on the counter claim, respectively. 2. Since parties have concluded an out of court settlement and provided proof thereof, C.S.(Comm.Div.) No.41 of 2024 is dismissed as settled out of court by directing refund of court fee to the plaintiff and the fourth defendant with regard to amounts paid on the plaint and counter 3/5 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.41 of 2024 claim, respectively. As a consequence of the settlement, warrant for release of the barge 'Mettle' shall be issued in accordance with the admiralty rules. Consequently, the connected applications are closed. 23.04.2025 rna Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No 4/5 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.41 of 2024 SENTHILKUMAR RAMAMOORTHY,J rna C.S.(Comm.Div.) No.41 of 2024 and A.Nos.1055, 1056, 1057 & 2688 of 2024 23.04.2025 5/5 https://www.mhc.tn.gov.in/judis