Madras High Court

OSA/113/2023 of M/s. Sarat Chatterjee and Co. (Vishakhapatnam) Pvt Vs ACS Marine Services Pvt Ltd. on 13 October 2026

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OSA No. 113 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-10-2026

CORAM

THE HON'BLE MR JUSTICE N. SATHISH KUMAR

AND

THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR

OSA No. 113 of 2023

CNR:{HCMA010969282023}

AND

OSA NO. 114 OF 2023,CMP NO. 13226 OF 2023,CMP NO. 13227 OF

2023,CMP NO. 13228 OF 2023,CMP NO. 13230 OF 2023

OSA.No.113 of 2023

M/s. Sarat Chatterjee and Co. (Vishakhapatnam)

Pvt. ltd

rep by its Authorised Signatory Mr.Palaniappan, 28-2-47, Daspalla Centre Suryabagh, 4th street, Vishakapatnam, Andhra Pradesh 503 020

..Appellant(s)

Vs

1. ACS Marine Services Pvt Ltd.,

Rep by its Director, 502/B1, Nadupangu

Paradise, Dharapuram Road, Tirupur 641 608

2. M/s Poompuhar Shipping Corporation

IV Floor, 692, Anna Salai, Nandanam, Chennai 600 032

..Respondent(s)

OSA No. 114 of 2023

CNR:{HCMA010969272023}

M/s. Sarat Chatterjee and Co. ,(Visakhapatnam)

Pvt Ltd. ,

Rep.by its Authorised Signatory Mr. Palaniappan, 28-2-47, Daspalla Centre Suryabagh, 4 th Street, Vishakapatnam, Andhra Pradesh 503 020.

..Appellant(s)

Vs

1. ACS Marine Services Pvt Ltd. ,

OSA No. 113 of 2023

Rep by its Director, 502/B1, Nadupangu

Paradise, Dharapuram Road, Tirupur 641 608.

2. M/s. Poompuhar Shipping Corporation

IV Floor, 692, Anna Salai, Nandanam, Chennai

32.

..Respondent(s)

Prayer in

OSA No. 113 of 2023

: Original Side Appeal filed under Order XXXVI Rule 1 of CPC read with Clause 15 of Letters Patent to set aside the impugned order i.e., order passed by this Court in A.No.1424 of 2023 in

C.S.No.42 of 2023 on the file of this Court.

Prayer in

OSA No. 114 of 2023

: Original Side Appeal filed under Order XXXVI Rule 1 of CPC read with Clause 15 of Letters Patent to set aside the Impugned order i.e. Order passed by this Court in A.No.1423 of 2023 in CS

No.42 of 2023 on the file of this Court.

In both appeals

For Appellant(s):

B. Deepak Narayanan

B.Aravinnth Sittharth

For Respondent(s):

M/s.p.giridharan

H.siddarth

G.thiagarajan

Siddharth Govind

G.elango For R1

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COMMON JUDGMENT

(Judgment of the Court was delivered by N.Sathish Kumar J.) These appeals have been filed challenging the order of the learned Single Judge in A.Nos.1424 and 1423 of 2023 in C.S.No.42 of 2023.

2. When the appeals were taken up, the learned counsel for the appellant submitted that the appeals have become infructuous since the main suit in

OSA No. 113 of 2023

C.S.No.42 of 2023 itself was dismissed on 31.10.2025 and an appeal was preferred as against the dismissal in OSA.No.33 of 2026 and therefore, nothing survives for adjudication. He also made an endorsement in the case bundle to that effect.

3. In such view of the matter, these original side appeals stand dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions stand closed. (N.S.K.,J.) (G.K.M.,J.) 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dhk

OSA No. 113 of 2023

N.SATHISH KUMAR J. AND GK.MUTHUKUMAAR J. dhk OSA No. 113 of 2023 AND OSA NO. 114 OF 2023,CMP NO. 13226 OF 2023,CMP NO. 13227 OF 2023,CMP NO. 13228 OF 2023,CMP NO. 13230 OF 2023 13-10-2026

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