Bharat Petroleum Corporation Limited v. Owners and Parties interested in Vessel M T Willows a vessel flying the Indian flag
C.S(COMM DIV)/61/2025 · 2025-09-17
N Senthilkumar
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 33400 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33400 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C.S.(Comm.Div.) No.61 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.09.2025 CORAM THE HONOURABLE MR.JUSTICE N. SENTHILKUMAR C.S.(Comm.Div.) No.61 of 2025 and A.Nos.1121, 1122 & 1194 of 2025 Bharat Petroleum Corporation Limited, Having their registered address at Bharat Bhavan III, Ballard Estate, Mumbai 400 001. Also having branch office at Southern Regional Office, No. 1, Ranganathan Garden, Off 11th Main Road, PB. No. 1212 & 1213, Anna Nagar, Chennai 600 040, Rep. by its POA Mr.Vikas Kumar Shrivastava. ... Plaintiff vs. Owners and Parties interested in Vessel M. T. Willows, a vessel flying the Indian flag, IMO No.9274484, presently lying at the Kamarajar Port, Ennore, Rep. herein by its Master. .. Defendant
1/11 https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.61 of 2025 Prayer: Plaint filed under Order VII Rule 1 of the Civil Procedure Code, 1908 Read With Order IV Rule 1 of Madras High Court Original Side Rules and Section 4 & 16 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 and Rules 2 & 3 of the Rules for Regulating the Procedure and Practice in cases brought before the High Court of Judicature at Madras in the Exercise of its Admiralty Jurisdiction framed by the High Court, prays for the Judgment and Decree against the defendant as follows: a. For a sum of INR 6,29,84,823/- (Indian Rupees Six crore Twenty Nine Lakhs Eighty Four Thousand Eight Hundred and Twenty Three only) from the date of this Plaint till the date of realization along with interest at the rate of 18 percent per annum from the date of the suit till payment/ realization; b. for arrest and sale of the Defendant Vessel MT WILLOWS in as is where is condition, together with her hull, engines, gears, machinery, tackles, apparels, and paraphernalia, presently in Indian Waters at Ennore Port, Chennai, Tamil Nadu State, India within the jurisdiction of this Honble Court and territorial waters of India; c. For a direction to adjust the sale proceeds of the defendant Vessel 2/11 https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.61 of 2025 MT WILLOWS against the suit claim; d. For costs of this suit. For Plaintiff : Mr.H.Siddarth For Defendant : Ms.Anila R. for Ms.Deepika Murali J U D G M E N T The suit was filed as an admiralty action for recovery of a sum of Rs.6,29,84,823/-. The matter was referred for mediation to the Tamil Nadu Mediation and Conciliation Centre.
The plaintiff and the defendant participated in such mediation. The said parties arrived at a settlement and executed the Settlement Agreement dated 12.08.2025. The Mediation Centre has placed on record mediation report dated 12.08.2025 enclosing the Settlement Agreement. The Settlement Agreement is extracted hereunder: 3/11 https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.61 of 2025 4/11 https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.61 of 2025 5/11 https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.61 of 2025 6/11 https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.61 of 2025 7/11 https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.61 of 2025 8/11 https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.61 of 2025
2. Recording the Settlement Agreement dated 12.08.2025, C.S.(Comm.Div.) No.61 of 2025 is decreed in terms thereof. Such Settlement Agreement dated 12.08.2025 shall form an integral part of the decree. Since a settlement was recorded pursuant to a reference to mediation, 9/11 https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.61 of 2025 refund of Court fee shall be made to the plaintiff as per rules. There will be no order as to costs. Consequently, connected applications stand closed. 17.09.2025 Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No kj N. SENTHILKUMAR,J. 10/11 https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.61 of 2025 kj C.S.(Comm.Div.) No.61 of 2025 and A.Nos.1121, 1122 & 1194 of 2025 17.09.2025 11/11 https://www.mhc.tn.gov.in/judis