Madras High Court
Oren Hydrocarbons Private Limited vs Hs Shipping Limited on 7 November, 2019
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
C.S.No.769 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.11.2019
CORAM
The Honourable Mr.Justice N.SATHISH KUMAR
C.S.No.769 of 2016
Oren Hydrocarbons Private Limited,
rep. by its Director, K.Ramesh,
28/2B, Saravana Street,
T.Nagar,
Chennai-600 017 ...Plaintiff
Versus
1.HS Shipping Limited,
Newgate Street 10, Deep Bay,
P.O.Box 875,
St.John's,
Antigua.
2.AC Orsselff Eftf A-s,
Slotsmarken 18,
2ND, DK-2970,
HOERSHOLM,
Denmark.
3.Sutcu Logistik Hizmetleri Nak Tur,
Asansor Tic.ve.San.Tlef Ltd.Sti,
Istiklal Caddesi hurriyet Ishani Kat.3,
No.7, 33070-Mersin/Turkey,
(Previously Sutcu Logistik & Transport Ltd,
(B.E.L.I.N.A)., Mersin/Turkey.
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C.S.No.769 of 2016
4.Sea Star Shipping & Trading Inc.,
#4, 1st Floor, Narayanappan Street,
behind Custom House Building,
Chennai-600 001.
5.Hamilton Technologies Ltd.,
Plot No.226, Block C, PMB 020;
Trans Amadi Industrial Layout,
Phase II, Port Harcourt,
Rivers State,
Nigeria.
6.''Boris'' of Scheepswerrvenweg,
#1, 9608 PD Westerbroek,
Netherlands. ...Defendants
This Civil Suit is filed under Order IV Rule 1 of Code of Civil
Procedure 1908 r/w Order IV Rule I of Original Side Rules
praying to (a) to direct the defendants 2 to 4 to pay the plaintiff
jointly or severally a sum totalling Rs.2,50,46,436/- being principal
sum of Rs.2,27,69,488/- with interest on Rs.22,76,948.00 at 24%
per annum from 03.08.2012 to the date of Leave to sue application
being 11.01.2013, with future interest @ 24% p.a from the date of
plaint to the date of realisation.
(b)to grant consequential permanent injunction restraining
the 5th defendant from claiming the freight and any other charges
said to have been incurred/paid by 5th defendant to the 2nd
defendant till the plaintiff's above demand on the defendants 2 to 4
to pay jointly or severally, the entire freight and other charges vide
its notice dated 27.10.2012 in the instant suit is acceded to and the
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C.S.No.769 of 2016
plaintiff realizes the money.
(c)the costs of the suit.
For Plaintiff : Mr.K.Ashok Kumar
For Defendants : Mr.G.Bharadwaj for D5
JUDGMENT
The learned counsel appearing for the plaintiff seeks permission of this Court to withdraw this Civil Suit and also made an endorsement in the Suit to that effect.
2. In the light of the submission and endorsement made by the learned counsel appearing for the Plaintiff, the Civil Suit is dismissed as withdrawn. No costs.
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