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1982 Supreme(Mad) 453

NAINAR SUNDARAM, GOKULAKRISHNAN
P. Udaya Shankar by power of attorney agent, B. Perumal – Appellant
Versus
Andhra Bank – Respondent


Advocates Appeared:
For the Appellants:V. Sridevan, Advocate.
For the Respondents:T. Raghavan & S. Sampathkumar, Advocates.

Judgment :-

NAINAR SUNDARAM, J.

1. The appellant is a third party to the suit C.S. No. 110 of 1981 on the file of the Original Side of this Court. The first respondent is the plaintiff and respondents 2 to 4 are the defendants in the suit. The plaintiff filed the suit for recovery of a sum of Rs. 43,40,015.83 due to it from the defendants. The plaintiff claimed a charge for the aforesaid dues over the vessel ‘M.V. Fareeda’. We find that there was a compromise and the suit was decreed as per the compromise on 13th March, 1981. A reading of the relevant clauses in the decree in the suit leaves no room for doubt that the paramount charge of the plaintiff over the vessel ‘M.V. Fareeda’ was countenanced; the said charge has been held to remain in force till the decree dues are paid in full, and the plaintiff has been given the liberty to execute the decree against the said vessel charged. The plaintiff itself has been appointed as a Receiver of the vessel by order passed in Appln. No. 949 of 1982. The plaintiff took out Appln. No. 2283 of 1982 and direction has been given by this Court on the Original Side to the plaintiff to take steps to sell the vessel and report the matter to the cour




















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