The Great Eastern Shipping Co. Ltd. v. Mv Chandi Prasad (Imo No. 8804098) And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL JURISDICTION COMMERCIAL ADMIRALTY SUIT NO. 245 OF 2017 THE GREAT EASTERN SHIPPING CO. LTD ...PLAINTIFF

VERSUS

MV CHANDI PRASAD (IMO No. 8804098) & ANR.

...DEFENDANTS Mr. Ruchir Goenka i/b Bose & Mitra & Co., Advocates for the Plaintiff. None for Defendant CORAM:- S.J.KATHAWALLA , J.

Dated :- 4 th May, 2017 P.C :- 1.Learned Advocate for the Plaintiff submits the following: i. The Plaintiff entered into a Settlement Agreement with the Defendant dated 31 st March 2017, to settle the above Commercial Admiralty Suit for a sum of USD 156,084.00 (INR 1,01,67,312.00), which agreement has been taken on record and which forms part of the Order dated 1 st April 2017.

ii. The payments under the Settlement Agreement were to be made in two installments. Payment of the first installment ssp 1/2

amounting to a sum of INR 50,62,340.00 was received on 1 st April, 2017. The second installment was payable by 30th April, 2017.

iii. The Plaintiff has on 29 th April, 2017 received the second installment for a sum of INR 51,04,972 and the claim has been settled in full.

iv. In light of receipt of the full and final settlement sum, the Plaintiff seeks to withdraw the above Commercial Admiralty Suit.

2.The Plaintiff undertakes to pay Sheriff's poundage for the remaining settlement sum received by them as per High Court Rules within 3 weeks from today.

3.The Plaintiff is allowed to withdraw the Suit. The above Commercial Admiralty Suit is disposed of as withdrawn.

4.Refund of Court Fees, if any, as per rules. ( S.J. KATHAWALLA, J. ) ssp 2/2