Rashmi Metaliks Limited v. Owners and Parties interested in Vessel M V ALDO (IMO 1086817)
A/2180/2026 · 2026-05-22
V Lakshminarayanan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 26281 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 26281 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
A No. 2180 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-05-2026 CORAM THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN A No. 2180 of 2026 AND C.S(COMM DIV) NO. 145 OF 2026 Rashmi Metaliks Limited A Company incorporated under the laws of India, Having its Registered address at Premlata Building, 6th Floor,39 Shakespeare Sarani, Kolkata 700 017, India Represented by its Constituted Attorney Mr.Udayakumar Gunasekaran. ..Applicant Vs Owners and Parties interested in Vessel M V ALDO (IMO 1086817) A foreign flagged bulk carrier vessel flying the flag of the Republic of Malts, together with her hull, tackle, engines, gears, plant, machinery, articles, things, appurtenant, things apparel and other Paraphernalia on board, presently lying at V.C.Chidambaranar Port, Tuticorin, Tamil Nadu, within Indian territorial waters and represented by its Master. ..Respondent C.S(COMM DIV) No. 145 of 2026 Rashmi Metaliks Limited A Company incorporated under the laws of India, Having its Registered address at Premlata Building, 6th Floor,39 Shakespeare Sarani, Kolkata 700 017, India Represented by its Constituted Attorney Mr.Udayakumar Gunasekaran. ..Applicant(s) https://www.mhc.tn.gov.in/judis
A No. 2180 of 2026 __________ Page2 of 4 Vs Owners and Parties interested in Vessel M V ALDO (IMO 1086817) A foreign flagged bulk carrier vessel flying the flag of the Republic of Malts, together with her hull, tackle, engines, gears, plant, machinery, articles, things, appurtenant, things apparel and other Paraphernalia on board, presently lying at V.C.Chidambaranar Port, Tuticorin, Tamil Nadu, within Indian territorial waters and represented by its Master. ..Respondent(s) A No. 2180 of 2026 To grant leave to the Applicant under Order II Rule 2 of the Code of Civil Procedure 1908, permitting the Applicant to amit to sue/exclude claims pertaining to recovery of losses incurred by the Applicant on account of non- completion of the voyage against the Defendant Vessel in rem. For Applicant : Mr.Sricharan Rangarajan, Senior Counsel for Ms.Avanti Balachander Mr.Soorya Shrinivas V Mr.Sanjana P Shankar Order A claim has been made on the entire value of goods. The plaintiff is yet to complete the joint-survey for the damage caused to the ductile pipes in Hold-5 of M V ALDO. Technically the cause of action to make a maritime claim, insofar as damaged goods are concerned, would arise only after joint-survey.
However, by way of abundant caution, an application under Order II Rule 2 of https://www.mhc.tn.gov.in/judis
A No. 2180 of 2026 __________ Page3 of 4 the Code of Civil Procedure has been moved. I am satisfied with the reasons given in Paragraph Nos. 10 to 12. The application is ordered. 22-05-2026 nl https://www.mhc.tn.gov.in/judis
A No. 2180 of 2026 __________ Page4 of 4 V.LAKSHMINARAYANAN J. nl A No. 2180 of 2026 AND C.S(COMM DIV) No. 145 OF 2026 22-05-2026 https://www.mhc.tn.gov.in/judis