Sumo Biscuits Private Limited v. Owners And Persons Interested In The Vessel M.V. Maersk Memphis

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY C.S.No.3 of 2017 JUDGMENT:

This suit is filed under Order XLII of Admiralty Court Act, 1861; the Indian Carriage of Goods by Sea Act, 1925 and Letters Patent Act, 1865 read with Order VII Rule 1 C.P.C. seeking the following relief:

"a) A declaration that the release of consignment by the defendants without original Bill of Lading is illegal and void; b) A money decree for an amount of rupees equal to US$ 28,728.00 (INR. Rs.18,67,320/-) along with interest to recover from the defendant equally or independently along with interest accrued as on to the date of decree; c) Costs of these proceedings to be awarded in favour of the plaintiff; and d) Any further orders, as this Hon'ble Court deems fit and proper in the interests of justice and in circumstances of the case, may kindly be passed in favour of the plaintiff against the defendant."

Learned counsel for the plaintiff seeks permission of this Court to permit the plaintiff to withdraw the suit and a letter was also filed in the Registry to that effect.

Permission is granted.

Accordingly, the Suit is dismissed as withdrawn. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Suit shall stand closed. _________________________ T.SUNIL CHOWDARY, J Date: 05.10.2018 Ivd