Ing Bank Nv v. Mt Georgios

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY & VICE ADMIRALTY JURISDICTION ADMIRALTY SUIT (L) NO. 96 OF 2016 ING BANK NV ...Plaintiff

Versus

M.V. GEORGIOS (IMO: 9389033) ...Defendant Ms. Bulbul Singh Rajpurohit i/b M/s. Crawford Bayley and Co. for Plaintiff. None for the Defendants.

CORAM: S.J. KATHAWALLA, J.

DATE: 12th February, 2016 P.C.:

1. Mentioned. Not on Board. Taken on Board.

2. The Owner of the Defendant Vessel has tendered a letter of undertaking issued by the North of England P&I Association Ltd in favor of the Plaintiff, whereby the owner of the Defendant Vessel agrees to resolve the present dispute as and by way of arbitration. The advocates for the Plaintiff therefore seek to release the Defendant Vessel and withdraw the suit.

3. There is no Caveat against release of the Defendant Vessel.

4. In view thereof, the Defendant Vessel is ordered to be released from order of arrest dated 10th February, 2016. In view of the urgency, the instrument of release is dispensed with.

5. The Plaintiff undertakes to pay Poundage within a period of two weeks from the date of this order. The undertaking is accepted.

6. All authorities including port, customs, coast guards, etc., to act on an ordinary copy of this order duly authenticated by the Associate of this Court.

7. In view of the above, the Suit is disposed of as withdrawn.

8. Refund of Court fees as per Rules.

( S.J. KATHAWALLA, J. )