Bombay High CourtADMS/12/2015withdrawn

Gulf Petrochem Pte. Ltd. v. M.T. Mid Falcon (Imo9330771)

2015-01-30Hon'Ble Shri Justice S.C. Gupte2 pages

pro.admr.sl.92.2015.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ADMIRALTY SUIT (L) NO. 92 OF 2015 Gulf Petrochem Pte. Ltd.

...Plaintiff vs M.T. Mid Falcon ...Defendant .....

Mr. Akshay Kolse-Patil a/w Mr. Naishadh Bhatia i/b Crawford Bayley & Co. for the Plaintiff None for the Defendant.

.....

CORAM : S.C. GUPTE, J.

JANUARY 30, 2015 P.C. :

Not on Board. Mentioned. Taken on Board.

Pursuant to an Order dated 28 January 2015 passed by this Court, the Defendant Vessel M.T. Mid Falcon was arrested as security for the Plaintiff's claim in the sum of USD 157,923.43 including interest and costs till the date of filing the Suit.

Mr. Kolse-Patil, counsel for the Plaintiff, on instructions submits that the parties have settled out of Court for a sum of USD 142,283.43, as full and final satisfaction of the Plaintiff's suit claim. The Plaintiff therefore seeks to withdraw the suit.

The Plaintiff confirms that it has no objection to and consents to the Defendant Vessel being released from arrest forthwith and allowed to sail. Mr. Kolse-Patil makes a statement that there is no Caveat Against Release of the Defendant Vessel M.T. Mid-Falcon.

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pro.admr.sl.92.2015.doc Accordingly, the following Order is passed.

(i) The suit is dismissed as withdrawn.

(ii) The Defendant Vessel M.T.Mid-Falcon do stand released from arrest forthwith and be permitted to sail forthwith. (iii) In view of the urgency, formal Instrument of release is dispensed with.

(iv) Poundage payable by the Plaintiff as per rules, within four weeks from today.

(v) Refund of Court Fees as per rules.

(vi) All authorities including the Sheriff of Mumbai, Prothonotary & Senior Master, Port, Customs, Coast Guard and all parties to act on a fax copy, e-mail copy of an authenticated copy of this order. (vii) Advocate for the Plaintiff is at liberty to communicate this order by e-mail or fax to all concerned authorities, Port, Customs, and other concerned authorities shall not insist on original copies of this Order for its timely execution.

( S.C.GUPTE J. ) Pg 2 of 2