Madras High Court
Bnp Paribas vs )The Board Of Trustees on 16 September, 2015
Author: T.Raja
Bench: T.Raja
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.09.2015 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.18623 of 2014 and M.P(MD)No.1 of 2014 BNP Paribas a Foreign Bank, Incorporated under the Laws of Hongkong, Having its Branch Office at 25-F, 3 Exchange Square, 8 Cannaught Place Central, Hongkong and having its Indian Office at St.Marrys Road, Austin Nagar, Alwarpet, Chennai-600 028 Tamil Nadu India Rep.by its Power Agent Mr.M.Krishna Sreethar ... Petitioner Vs. 1)The Board of Trustees V O Chidambaranar Port Trust, A Statutory Body established under the Major Port Trust Act, 1963 Tuticorin-628 004. 2)The Commissioner of Customs, Customs House, New Harbour Estate, Tuticoroin-628 004. 3)M/s.Apple Commodities Limited, A Company registered in Hongkong Having its Office at 1113A & 1115 11th Floor, Grand Millennium Plaza Cosco Tower, 183, Queens Road, Central, Hongkong. 4)M/s.Global Maritime Trust Private Ltd., A Foreign Company having its Office at 8, Eu Tong Sen Street, No.55-99, the Central Singapore-059818. 5)M/s.Benline Agencies India Pvt. Ltd., A Company incorporated under the Indian Companies Act, 1956, Having its Office at No.258, D/S, 2nd Floor, J.J.Complex, V.E.Road, Tuticorin-628 003, Tamil Nadu, India. 6)Padmaadevi Sugars Limited, Palayaseevaram, Kancheepuram-631 606. 7)M/s.Seaport Logistics Private Limited, No.37, World Trade Centre, Tuticorin Port, Tuticorin. ... Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, forbearing the respondents 1, 2, 5 and 7 from delivering the Cargo of 23000 M.T. of Coal to the 6th respondent i.e., M/s.Padmaadevi Sugars Ltd or to their agents, servants, employees or any other person on production of five sets of original Bills of Lading bearing Nos.(1)01BJMCHN114-N, (2) 01BJMCHN114-O, (3)01BJMCHN114-P, (4)01BJMCHN114-Q and (5)01BJMCHN114-R all dated 27th March 2014. !For Petitioner : Ms.Stuti Murarka Bulbul Singh for Mr.Vijayakumar Ramamurthy For Respondent Nos.1 & 7 : No appearance For Respondent No.2 : Mr.B.Vijaykarthikeyan For Respondent No.5 : Mr.Raguvaran Gopalan For Respondent No.6 : Mr.J.Barathan :O R D E R
When the matter was taken up for hearing, learned counsel for the petitioner submitted that the matter has been compromised between the parties and produced a compromise memo to that effect. She would further submit that the petitioner is not making any claim as against the 5th respondent and requested this Court to dispose of the writ petition in terms of the compromise memo.
2.In view of the above submission, the compromise memo signed by the petitioner, 6th respondent and their respective learned counsels is placed on record and the writ petition is disposed of in terms of the compromise memo. The compromise memo shall form part of the order. Consequently, M.P(MD)No.1 of 2014 is closed. No costs.
To
1)The Board of Trustees V O Chidambaranar Port Trust, A Statutory Body established under the Major Port Trust Act, 1963 Tuticorin-628 004.
2)The Commissioner of Customs, Customs House, New Harbour Estate, Tuticoroin-628 004.
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