Navitas Marine Solutions Co v. Vehicle Carrier Idm Symex (Imo 8912663)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION ADMIRATLY SUIT (L) NO. 338 OF 2016 Navitas Marine Solutions Co.

...Plaintiff

Versus

RoRo IDM SYMEX (IMO 8912663) ...Defendant Ms. Bulbul Singh Rajpurohit i/b M/s Crawford Bayley & Co. for the Plaintiff Ms. Sandhya Pillai for the Defendant.

CORAM: S. J. KATHAWALLA, J DATE: 7th April, 2016 PC:

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

2. The Plaintiff informs that they seek to withdraw the present Suit against the Defendant Vessel as the claim has been settled out of Court. The SWIFT for the remittance has been provided by the Defendant; however, the funds are not yet reflected in Plaintiff's bank account. On instructions, the advocate for the Defendant undertakes that the settlement amount will be credited to Plaintiff's bank account.

3. There is no caveat against release of the Defendant vessel.

4. In view thereof, the Defendant vessel is ordered to be released from order of arrest dated 5th April, 2016. In view of urgency, the instrument of release is dispensed with.

ssp 1/2

5. The Defendant undertakes to pay poundage within a period of two weeks from the date of this order. The undertaking is accepted.

6. All concerned port authorities to act on an ordinary copy of this order duly authenticated by an Associate of this Court. Liberty is granted to parties to communicate this order to all concerned authorities by fax and/or email.

7. In of the aforesaid, the suit is disposed off as withdrawn.

8. Refund of Court fees as per Rules.

[S. J. KATHAWALLA, J] ssp 2/2