APPEAL(CAD) No. 5 of 2024 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-02-2026 CORAM THE HON'BLE MR JUSTICE C.V. KARTHIKEYAN AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU APPEAL(CAD) No. 5 of 2024 and C.M.P.No.3529 of 2024 M/s. Maersk Sealand/Maersk Taiwan Limited Owning M.V. Marstal Maersk, Rep. by Owners, Subsidiary/Steamer Agents, Maersk Line India Pvt. Ltd., (Formerly Maersk (India) Ltd.), Having their Branch Office at Prince Towers,1st Floor, 25/25, College Road, Chennai-600 006 ..Appellant Vs 1. M/s. Priya Ltd., having their Registered Office at Podar Chamber, 4th Floor, 109, S.A. Brelvi Road, Fort, Mumbai 400 001 and Carrying on Business among other places through their Branch Office at No.6, Jayammal Road, Teynampet, Chennai-600 018 herein represented by their Subrogee/Power Agent The New India Assurance Co., Ltd., Divisional Office, No.112000, Asian Building, III Floor, 17 RK Marg, Ballard Estate, Mumbai-400 038 2. M/s.Senthil Kumar Transport, Carrier having their Principal Place of business at No.15/8, II Floor, Thambu Chetty Street, Chennai-600 001 https://www.mhc.tn.gov.in/judis APPEAL(CAD) No. 5 of 2024 __________ Page2 of 5 3. The Board of Trustees of the Chennai Port Trust Rep. by its Chairman, having their office at Rajaji Salai, Chennai-600 001 ..Respondents Appeal filed under Section 13(1) of Commercial Courts Act to set aside the Judgement and decree dated 08-12-2022 in C.O.S.No.505 of 2022 on the file of the Commercial Court at Chennai, Egmore. For Appellant: Mr.K.Bijai Sundar For Respondents: Mr.Nageswaran for R1 M/s.Lavan & Aasif Iqbal for R3 JUDGMENT (Judgment of the Court was delivered by C.V.Karthikeyan J.) A joint memo dated 24.02.2026 duly signed by the learned counsel for the appellant/1st defendant and the learned counsel for the first respondent/plaintiff had been filed contending as under:- “It is humbly submitted that the Suit claim in respect of the above Appeal has been mutually resolved and settled, full and final, between the Appellant/1st Defendant and the 1st respondent/plaintiff, outside the Court, in respect of the decree passed in the suit against the Appellant and 2nd and 3rd Respondents/Defendants. https://www.mhc.tn.gov.in/judis APPEAL(CAD) No. 5 of 2024 __________ Page3 of 5 In view of the settlement arrived at, the Appellant/1st defendant is not prosecuting the appeal and the same is withdrawn. In the light of such withdrawal, it is prayed that this Honorable Court may be pleased to order refund of the entire court fee paid by the Appellant/1st Respondent,(sic for 1st defendant) subject to statutory deductions by issuance of a cheque/transferring the amount directly to the account of the Appellant/ 1st Defendant. It is humbly submitted that this refund of court fee is sought for in the light of the Judgement of the Honorable Supreme Court reported in 2021 (3) SCC Pg 560 in the matter of High Court of Judicature at Madras Rep. by Registrar General Vs. M.C.Subramaniam and others, wherein it was held in similar circumstances and facts, that the Appellant is entitled to the refund of the full Court fee paid in the appeal. It is hence prayed that this Honorable Court may be pleased to pass suitable orders on this memo as prayed for above and render justice.“ 2. Learned counsel for the appellant and the respondent are present. The said memo is recorded. In view of the same, this Appeal is dismissed as settled out of court. The Appellant shall be entitled to refund of court fee as per https://www.mhc.tn.gov.in/judis APPEAL(CAD) No. 5 of 2024 __________ Page4 of 5 Section 69A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955. No costs. The connected miscellaneous petition is closed. (C.V.K.,J.) (K.B.,J.) 24-02-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ssk To 1. M/s. Priya Ltd., having their Registered Office at Podar Chamber, 4th Floor, 109, S.A. Brelvi Road, Fort, Mumbai 400 001 and Carrying on Business among other places through their Branch Office at No.6, Jayammal Road, Teynampet, Chennai-600 018 herein represented by their Subrogee/Power Agent The New India Assurance Co., Ltd., Divisional Office, No.112000, Asian Building, III Floor, 17 RK Marg, Ballard Estate, Mumbai-400 038 2. M/s.Senthil Kumar Transport, Carrier having their Principal Place of business at No.15/8, II Floor, Thambu Chetty Street, Chennai-600 001 3. M/s.Senthil Kumar Transport, Carrier having their Principal Place of business at No.15/8, II Floor, Thambu Chetty Street, Chennai-600 001 4. Registrar, Commercial Court at Chennai, Egmore. Chennai. https://www.mhc.tn.gov.in/judis APPEAL(CAD) No. 5 of 2024 __________ Page5 of 5 C.V.KARTHIKEYAN, J. AND K.KUMARESH BABU, J. ssk APPEAL(CAD) No. 5 of 2024 24-02-2026 https://www.mhc.tn.gov.in/judis