Azr Shipping Dmcc v. Melon (Vizag) Pvt

coms219-17.doc sg

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN IT'S COMMERCIAL DIVISION COMMERCIAL ADMIRALTY SUIT NO.219 OF 2017 AZR Shipping DMCC ...Plaintiff vs.

Melcon (Vizag) PVT & Anr.

... Defendants ....

Mr. Ridhi Nyati, i/b. Ashwin Shanker, for the Plaintiff. None for the Defendants.

....

CORAM : S.C. GUPTE, J.

DATED : 27 JULY, 2017 P.C. :

.

Learned Counsel for the Plaintiff states that, pursuant to the Consent Terms dated 17 March 2017, the Plaintiff's claim in the suit has been fully settled. Further, she confirms that post-dated cheques issued in favour of the Plaintiff's Advocate, as security in accordance with the Consent Terms, have been duly returned to the Defendants. 2.

In view of the same, the Order of Arrest dated 20 February 2017 (which was extended thereafter by subsequent orders) is vacated in respect of the 2nd Defendant balance cargo of 3800 Mts of Gypsum, currently lying discharged at Port Paradip from vessel m.v. MANDARIN TRADER.

Pg 1 of 2

coms219-17.doc 3.

Learned Counsel for the Plaintiff states that there is no caveat against release. The Instrument of Release is dispensed with. 4.

All concerned authorities, Port and Customs shall act on a copy of this order duly authenticated as True Copy by the Associate of this Court and communicated to them by fax/e-mail/courier/hand delivery. 5.

The Plaintiff undertakes to pay poundage, if any, within two weeks from the date of this order.

6.

Refund of Court fees as per rules.

7.

Suit stands disposed of.

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