IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 OP.No. 20200 of 2002(D) ---------------------------------- PETITIONERS: --------------------- M/S.P.J.JOHNSON AND SONS, SHIPCHANDLERS AND ENGINEERS, REGD. OFFICE NAZRETH, COCHIN-2, HAVING ITS ADMINISTRATIVE OFFICE AT NINANS COLD STORAGE BUILDING, 5TH CROSS ROAD, W/ ISLAND, COCHIN-3, REPRESENTED BY ITS MANAGER PARTNER, JOSEPH ANTONY JOHNSON. BY ADV. SRI.P.K.SURESH KUMAR. RESPONDENTS: ------------------------ 1. R/V. A.A.SIDORENKO (AKADEMIK ALEKSANDR SIDORENKO) PRESENTLY ANCHORED AT Q-10 BERTH, COCHIN PORT, REPRESENTED BY ITS MASTER. 2. M/S.YUZHMORGEOLOGIYA CONTROLLED BY GOVERNMENT OF RUSSIA, UL KRASNOGVARVEYSKAYA, 79, GELENDZHIK, RUSSIA, REP.BY ITS LOCAL STEAMER AGENT PATVOLK, DIVISION OF FORBES GOKAK LTD.,INDIRA GANDHI ROAD, W/ISLAND,COCHIN-3 3. M/S. S.D.S SHIPPING PVT.LTD., C72, MITTAL COURT, NARIMAN POINT, MUMBAI 400021, REPRESENTED BY ITS LOCAL AGENT PATVOL, W/ISLAND, COCHIN-3 4. M/S.PEARL SHIPPING AGENCIES, W/ ISLAND,COCHIN-3 5. DEPUTY CONSERVATOR, COCHIN PORT TRUST, W/ISLAND, COCHIN-3 R3 BY ADV. SRI.E.K.NANDAKUMAR, ADV. SRI.A.K.JAYASANKAR NAMBIAR, R5 BY ADV. SRI.B.S.KRISHNAN(SR.),S.C, ADV. SRI.K.ANAND,S.C, ADV. SMT.LATHA KRISHNAN. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 20200/2002-D: ORDER ON C.M.P. NOS. 34670/2002,35282/2002, 38873/2002, 45727/2002 & 2175/2003 IN O.P. NO. 20200/2002-D DISMISSED 20/10/2008. SD/- S.SIRI JAGAN, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER DTD. 14/09/2001 ISSUED BY THE R.1. APPOINTING THE PETITIONER AS SHIPCHANDLERS/ AGENT. EXT.P.2: COPY OF THE LETTER DTD. 15/11/01 ISSUED BY THE R.4. EXT.P.3: COPY OF THE ACKNOWLEDGED COPIES OF DELIVERY NOTES/ DOCUMENTS (16 NOS). EXT.P.4: COPY OF THE LETTER DTD. 10/12/2001 ISSUED BY THE PETITIONER TO THE R1 TO R3. EXT.P.5: COPY OF THE LETTER ISSUED BY THE R.3. TO THE PETITIONER. EXT.P.6: COPY OF THE LETTER DTD. 14/06/2002 ISSUED BY THE PETITIONER TO THE R.2. EXT.P.7: COPY OF THE LETTER DTD. 12/12/2002 ISSUED BY THE PETITIONER TO THE R.3. EXT.P.8: COPY OF THE LETTER DTD. 22/07/2002 FROM THE R.3. TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. S. SIRI JAGAN, J. ------------------------------------ I.A.NO.12824/2008 & O.P.NO.20200 OF 2002 ---------------------------------------- Dated this the 20th day of October, 2008 JUDGMENT This is an admiralty suit/petition. The dispute is between the petitioner on the one hand and the 3rd respondent on the other. The 3rd respondent is the agent of respondents 1 and 2 and he is acting on behalf of respondents 1 and 2. Now the petitioner and the 3rd respondent has filed I.A.12824/2008 for disposing of the original petition itself in terms of the compromise arrived at between the petitioner and the 3rd respondent. The terms of the compromise as follows: “The above Admiralty suit/petition was filed by the petitioner to recover a sum of Rs.7,61,345.14/- from the respondents 1 to 4 towards the long pending outstanding amount due to the petitioner on account of the ship supply of provisions, Engineering and supply of other related items on various days when the 1 st petitioner vessel was in Cochin in the year 2001. This Hon'ble Court vide order dtd,19/7/2002 in C.M.P. No.34670/02 in O.P.No.20200/02 had ordered arrest of the 1 st respondent vessel. The said vessel was later released, when the 3 rd respondent furnished a demand draft for an amount of Rs.7,61,345.14 as per security I.A.No.12824/08 &O.P.No.20200/02 2 with the 5 th respondent. 2. The said Demand draft furnished by the 3 rd respondent before the 5 th respondent was later handed over to the Registrar of this Hon'ble Court for encashment vide order dtd.15/11/2002 in C.M.P.No.45727/02 in O.P.No.20200/02. Later the amount so encashed by the Registrar was deposited in a nationalised bank as fixed deposit with option to renew it periodically vide order dtd.10/02/2003 in C.M.P.NO.2175/03 in O.P.NO.20200/02. 3. Out of the said deposit amount lying in the bank, an amount of Rs.4,82,653/- which was the admitted amount has been disbursed to the petitioner. Balance amount pending before this court deposited in the Nationalized bank comes to 2,78,692.14 with interest accrued on the said amount. 4. Whereas the petitioner and the respondent No.3 have agreed to settle the matter out of court and respondent No.3 have agreed to disburse an additional sum of Rs.1,75,000/- from the amount lying in deposit in the bank to the petitioner as full and final settlement of the petitioners claim and the balance amount with interest accrued on the said amount can be disbursed to the respondent No.3. The other respondent have no claim in respect of the amount deposited. 5. In terms of the above compromise, this Hon'ble Court may be pleased to direct the court registry to disburse,from the amount lying in deposit in the bank, an amount of Rs.1,75,000/- (Rupees One Lakh Seventy Five Thousand Only) to the petitioner as full and final settlement of the petitioners claim and the balance deposit amount including interest accrued on the said amount may be released to the respondent No.3 and close the above O.P. recording the compromise”. I.A.No.12824/08 &O.P.No.20200/02 3 In view of the said joint compromise petition, the same is allowed and the original petition is disposed of in terms of the above settlement. In accordance with the settlement accepted as above, out of the amount deposited by the 3rd respondent before this Court, an amount of Rs.1,75,000/- (Rupees One lakh seventy five thousand only) shall be disbursed to the petitioner. The balance amount shall be returned to the 3rd respondent. S. SIRI JAGAN, JUDGE Acd I.A.No.12824/08 &O.P.No.20200/02 4