IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.03.2017 CORAM THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.S.No.883 of 2016 & A.No.6140 of 2016 Ardee Building Boards Pvt. Ltd., having its Registered Office at No.401, Bhaskara Residency, Patmatalanka, Vij6ayawada – 520 010, Andhra Pradesh, Rep. herein by its Managing Director ... Plaintiff Vs
1. MAERSK LINE A/S trading as Safmarine of 50, Esplanaden, DK-1098, Copenhagen K, Denmark rep. By its Agents Maersk Line India Pvt. Ltd., Submarine Division, Having their Office at 3rd floor, Prestige Palladium Bayan, Greams Road, Thousand Lights West, Chennai – 600 006.
2. PICC Property and Casualty Co. Ltd., China, Rep. By their Agents, Wilson Surveyors & Adjusters Pvt. Ltd., TMB Mansion, 3rd floor, 739, Anna Salai, Chennai – 600 002. ... Defendants Plaint filed under Order VII Rule 1 of the Code of Civil Procedure read with Order IV Rule 1 of the Madras High Court Original Side Rules, praying for judgment and decree as follows:
a) the defendants, jointly and severally, to pay the plaintiff a sum of Rs.35,44,245.64/- together with interest at 18% p.a. On the said sum of Rs.30,03,,598/- from the date of plaint till the date of realization of the said amount;
b) directing the 2nd defendant to pay the plaintiff, in addition to the sum of Rs.35,44,245.64 (claimed under para (a) above) Rs.4,04,899/- the Rupee equivalent of the difference between US$ 31,676.40 and US$ 26,397/- plus interest at 18% of the differential amount from the date of discharge till the date of filing of the suit together with interest at 18% from the date of plaint fill the date of realization of the amount;
c) to pay the costs of the suit.
For Plaintiff : M/s.T.Poornam For D1 : M/s.P.Giridharan JUDGMENT The learned counsel for the plaintiff as well as the learned counsel for the defendants, have submitted that the dispute has been amicably settled between the parties in the Tamil Nadu Mediation and Conciliation Centre. The Mediation Centre has produced Mediation report dated 28.02.2017, enclosing the joint memo of compromise between the parties dated 28.02.2017.
2. In view of the above, the civil suit is decreed in terms of the joint memo of compromise and the joint memo of compromise, dated 28.02.2017 shall form part of the decree. Registry is directed to refund the court fee to the plaintiffs as per law. No costs. Consequently, the connected application is closed.
15.03.2017
Index:Yes/No pvs To The Sub Assistant Registrar, Original Side, High Court, Madras.
K.KALYANASUNDARAM, J., pvs C.S.No.883 of 2016 & A.No.6140 of 2016 15.03.2017 http://www.judis.nic.in