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2014 Supreme(Mad) 4576

R.SUBBIAH
Owners and Persons Interested in the Vessel, MT Titan Vision – Appellant
Versus
KTV Health Food Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant :K. Bijai Sundar and R. Sunitha Sundar, Advocates
For the Respondents:Sathish Parasaran, Senior Counsel for M. Sunil Kumar, Advocate

JUDGMENT :

R. Subbiah, J.

1. Application No. 6124 of 2014 has been filed by the Plaintiff under Order 14, Rule 8 of O.S. Rules read with Rule 42, Rule 3 of O.S. Rules praying for arrest of the Respondent vessel MT TITAN VISION together with her Engines, Gears, Tackles, Apparels, Plant, Machinery, Furniture & Fixtures and Paraphernalia, presently in Indian Waters at the Port of Karaikal, or wherever found within the territorial waters of India. Application No. 6259 of 2014 has been filed by the Defendant seeking to vacate the Order of Arrest dated 25.9.2014 passed in Application No. 6124 of 2014 in respect of the vessel MT TITAN VISION.

2. Application No. 6260 of 2014 has been filed by the Defendant under Order 14, Rule 8 of the O.S. Rules read with Order 7, Rule 11(d) of C.P.C., praying to reject the Plaint.

3. Application No. 6261 of 2014 has been filed by the Defendant under Order 14, Rule 8 of the O.S. Rules and Section 45 of the Arbitration and Conciliation Act, 1996, praying to refer the dispute raised in the Suit to Arbitration in terms of the Arbitration clause as contained in the Charter Party and Bills of Lading.

4. The Suit has been filed by the Plaintiff for the following rel

























































































































































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