Adani Power Rajasthan Ltd. And ANR. v. Murmansk Shipping Co.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL SUIT NO.258 OF 2015 Adani Power Rajasthan Ltd. & Anr.

)....Plaintiffs V/s.

Murmansk Shipping Co.

)....Defendant ---- Mr.Ruchir Goenka i/by Bose and Mitra and Co. for plaintiffs. Mr.Bimal Rajasekhar for defendant.

---- CORAM :K.R.SHRIRAM,J DATE : 5.11.2019 P.C.:- 1.

Mr.Goenka for plaintiffs seeks leave to withdraw the suit. Suit dismissed as withdrawn. Refund of court fees if any, in accordance with Rules.

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Mr.Rajasekhar for defendant states that on behalf of defendant British Marine had given a letter of undertaking dated 12.1.2012 (incorrectly mentioned as 12.1.2011) to pay to plaintiffs such amount as may be awarded by this Court. 3.

Mr.Goenka for plaintiffs states that the original of the undertaking has been misplaced by plaintiffs. Mr.Goenka for plaintiffs tenders a photo copy of the letter of undertaking which is taken on record and marked `X' for identification, which for ease of reference is scanned and reproduced below :-

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Mr.Goenka for plaintiffs states that British Marine be released of its undertaking since parties have settled the matter out of Court.

5.

In view of the statement made by Mr.Goenka for plaintiffs, British Marine is discharged of its undertaking. 6.

All to act on authenticated copy of this order. (K.R.SHRIRAM,J)