Monjasa A/S, Denmark v. Mv Captain George (Imo 9510357) And Another

HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO I.A.Nos.5 and 7 of 2018 in Commercial Suit No.2 of 2017 and Commercial Suit No.2 of 2017 ORDER:

Heard Sri N.Aswin Kumar, learned counsel for the plaintiff and Ms.Kalyani Ghayal, learned counsel for 1st defendant. The parties have filed a Memorandum of Compromise agreeing to abide by the terms of the settlement agreement dt.03-05-2018 which is signed by the learned counsel on either side as well as representatives of the plaintiff and the 1st defendant. The Settlement Agreement is also filed along with I.A.No.5 of 2018. I.A.No.7 of 2018 is filed by the plaintiff to withdraw the Commercial Suit No.2 of 2017 and I.A.No.5 of 2018 is filed by 1st defendant to withdraw the counter claim made by the 1st defendant in the said suit.

In view of the fact that the matter has been settled out of Court through the settlement agreement dt.03-05-2018 and Memorandum of Compromise dt.07-06-2018, I.A.No.7 of 2018 is allowed and the plaintiff is permitted to withdraw the Commercial Suit No.2 of 2017. For reasons alike, I.A.No.5 of 2018 is also allowed and 1st defendant is permitted to withdraw the counter claim in the above suit.

MSR,J Com.S.No.2 of 2017 Consequently, the Commercial Suit No.2 of 2017 is dismissed as withdrawn. No costs.

Court fee paid by both the plaintiff on the plaint as well as the Court fee paid by 1st defendant on the counter-claim is directed to be refunded in the facts and circumstances of the case as per decision in Polyprint Private Limited and others Vs. Canara Bank, Per Manager and Another1.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 13-06-2018 kvr /Vsv 1 1997(3) ALT 432