Bominflot Greece S. A. v. M. V. Trident Navigator

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION ADMIRALTY SUIT NO. 16 OF 2016 Bominflot Greece S.A.

...

Plaintiff

Versus

m.v. Trident Navigator ...

Defendant Ms. Ridhi Nyati i/b Mr. Ashwin Shanker for the Plaintiff None for the Defendant

CORAM

: S.J. KATHAWALLA, J.

DATED : 28TH MARCH 2016 P.C.

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

2. Learned Advocate appearing for the Plaintiff states that the parties have arrived at an amicable settlement and accordingly the Plaintiff wish to withdraw the Suit and vacate the order of arrest dated 24th February 2016 passed in respect of the Defendant vessel.

3. In view of the same, the Suit is allowed to be withdrawn as settled and the Defendant vessel m.v. TRIDENT NAVIGATOR is allowed to be released and sail outward.

4. Learned Advocate for the Plaintiff states that there is no caveat against release of the Defendant vessel.

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5. In view of the urgency, the formal instrument of release is dispensed with.

6. Liberty to the parties to serve this order by fax / email / courier / hand delivery upon the Port and Customs and / or all concerned at its own cost.

7. All Ports, Customs and other concerned authorities to act upon a copy of the Order duly authenticated by the Associate of this Court and communicated to them by fax / email / courier / hand delivery.

8. Learned Advocate for the Plaintiff states that the Plaintiff undertakes to pay poundage to the Sheriff of Mumbai equivalent to USD 809/- (being 1% of the settlement amount) within one week from the date of this Order.

9. Refund of Court Fees as per the Rules.

10. No order as to costs.

( S.J. KATHAWALLA, J. )