Cupid Shipping Pte Ltd v. Cargo Of 5000 Mt Sant And 2350 Mt Aggregate And 2 ORS

Nitin 1 / 2 904-ADMS-6-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION ADMIRALTY SUIT NO. 6 OF 2016 Cupid Shipping Pte. Ltd.

...

Plaintiff

Versus

Cargo currently laden on board m.v. WINTEC & Ors.

...

Defendants Bimal Rajasekhar, i/b Ashwin Shanker for the Plaintiff. Stebin Mathew for the Defendants.

CORAM: S.J. KATHAWALLA, J.

DATE : 5 th FEBRUARY, 2015 P.C.

1.

The advocates appearing for the parties state that the claim in the above Suit is amicably settled vide Settlement Agreement dated 28 January 2016 entered into between the Plaintiff and the 3 rd Defendant. As per the said Agreement, the Defendants have paid USD 125,000.00 to the Plaintiff towards full and final settlement of their claim.

2.

Since the parties now have no claim against each other, the Prothonotary & Senior Master is directed to forthwith return to the Defendants the Bank Guarantee being No. 16716BG000004 dated 14 January 2015 for USD 309,568/- issued by Karnataka Bank Ltd, Salem Branch furnished by the Defendants. 3.

The Plaintiff undertakes to pay the poundage within two weeks from the date of this order. The undertaking is accepted.

Nitin 2 / 2 904-ADMS-6-2016 4.

The suit is disposed of as settled. Refund of Court fees, if any, as per Rules. ( S.J. KATHAWALLA, J. )