The Board Of Trustees Of The Port Of Mumbai v. M.V.Kamal Xxvi, And 2 ORS. And Amrut Dredging And Shipping Ltd. (Applicant)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION ADMIRALTY SUIT NO.44 OF 2015 WITH CHAMBER SUMMONS NO.1351 OF 2018 WITH NOTICE OF MOTION NO.2299 OF 2018 The Board of Trustees of the Port of Mumbai ..Plaintiff Vs.

M.V. Kamal XXVI & Ors ..Defendants Mr. Ajai Fernandes I/b Motiwalla and Co. for Plaintiff; (Capt. Abhijeet Dubey, Asstt. Harbour Master/Authorized Signatory present of plaintiff present) Mr. Shailesh Kumar for Defendant No. 1;

Mr. B. S. Nayak for Defendant No. 3;

(Mr. Pawan Gandhi, Director of Amrut Dredging & Shipping Ltd.-Ship Manager of Defendant No. Vessel present) CORAM : K.R.SHRIRAM, J.

DATE : 26th JUNE 2019 P.C.:

Plaintiff and defendant no.1 have entered into consent terms dated 26th June 2019. The consent terms is signed by one Captain Abhijeet Dubey as authorised signatory of plaintiff and one Mr. Pavan Gandhi as Director of Ship Managing Company Amrut Dredging Company Ltd and their respective advocates, is taken on record and marked "X" for identification.

2/4 For ease of reference consent terms is scanned and reproduced below:

3/4 Mr. Fernandes states that there is a trustees resolution authorising Deputy Conservator to issue the letter of authority in favour of Captain Abhijeet Dubey and a copy of the said resolution attested as true copy by his instructing advocate will be handed over to the court master during the course of today.

So far as Mr. Pavan Gandhi, Mr. Shailendra Kumar states that the owner of defendant no.1 vessel Stallion Dredging and Shipping FZC,

4/4 U.A.E., has authorised Amrut Dredging and Shipping Ltd. to pay off plaintiff's claim as mentioned in the consent terms. Mr. Fernandes states that he has considered the authority of Stallion Dredging and Shipping FZC to Amrut Dredging and Shipping Ltd and he is happy with that. Mr. Fernandes and Mr. Shailendra Kumar state that Captain Abhijeet Dubey and Mr. Pavan Gandhi are present in court and identify them. Order in terms of consent terms. All statements accepted as an undertaking to this court. All undertakings accepted. Suit dismissed as withdrawn with no order as to costs. Refund of court fees in accordance with rules. Prothonotary and Senior Master, High Court Bombay, shall release the amount mentioned in paragraph 1(c) of the consent terms after being satisfied that plaintiff's resolution as per paragraph 3 above has been submitted and the sheriff's poundage has been paid within 15 days period as mentioned in clause (2) of the consent terms. All interim applications stand disposed.

Vessel continues to remain under arrest.

(K.R. SHRIRAM, J.)