MADRAS HIGH COURT
M. Chockalingam, J.
Samiyullah S. v. Ownersand Parties interested in the Vessel M. V. Makar
1. This suit has been filed for payment of Rs. 3,65,103.50 with interest at 18% p.a. from the date thereof till the date of payment in full and for arrest and sale of the vessel m.v. Makar (Formerly m.v. Eagle II) in the Port of Vizag all its gears, tools, tackles, hinders, machinery, apparel, plant, furniture and paraphernalia towards the suit claim, interest and for costs.
2. Plaint averments are as follows :
The plaintiff was carrying on business as Ship Chandler. The headquarters of the business of the plaintiff is at Madras. On 25-1-96, the plaintiff received orders at Madras for supply of ship stores and provisions to the vessel m.v. Eagle II then, due to call at Port at Vizag. For the said order the plaintiff arranged for supply to the vessel at the Port of Vizag shop stores and provisions between 27-1-96 and 3-2-96 for a total value of US $ 8416.60. The plaintiff requested the defendant to remit the said amount in his account with the Standard Chartered Bank, Mylapore Branch, Madras 5. The defendant had promised to make payment but failed and neglected to do so. The interest for the said amount is payable at 18% per annum as per the terms of supply. The defendant is now due a
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