Ship Partner Bvba v. Roro Idm Symex (Imo 8912663)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY & VICE ADMIRALTY JURISDICTION (Admiralty Suit(L) No. 356 of 2016) SHIPPARTNER BVBA ...PLAINTIFF

VERSUS

RoRo IDM SYMEX (IMO 8912663) DEFENDANT Ms. Bulbul Singh Rajpurohit i/b Crawford Bayley & Co for Plaintiff Mr. Prathamesh Kamat with Dr. Shrikant Hathi and Ms. Natasha Sailopal i/b Brus Chambers, for Defendant Mr. Mandeep Singh Tiwana (Director) and Mr. Bader A. Al- Nijjar, (Managing Director) Symex Maritime Singapore owner of the Defendant Vessel. CORAM: S.J. KATHAWALLA J May 17, 2016 ( In Chambers) PC.:

1.

Urgency is made out and therefore the matter is allowed to be moved. 2.

The parties have amicably resolved the matter in accordance with the consent terms dated May 17, 2016, signed by the authorized representatives of the parties and their respective advocates. The consent terms is taken on record and marked 'X' for identification. Order in terms of the consent terms. 3.

There are three Caveats against Release of the Defendant vessel RoRo IDM Symex and the same are withdrawn by the Caveators. ssp 1/2

4.

The order of arrest stands vacated and the Defendant vessel, RoRo IDM Symex presently lying arrested at Dighi Port stands released immediately. 5.

Instrument of release is dispensed with.

6.

Liberty to communicate the Order by fax/ Email to all concerned authorities. Direct service is permitted.

7.

Port, Customs, CISF and all concerned authorities to act on fax copy, email or authenticated copy of this Order. All concerned authorities shall render all assistance in effecting the release of the Defendant vessel RoRo IDM Symex. 8.

It is open for the Defendant's advocate to communicate this Order at their own cost.

9.

A sum of Euro 457.15 (Euro Four Hundred Fifty Seven and cents Fifteen only) out of the security deposited by Owners with the Prothonotary and Senior Master of this Hon'ble Court shall be paid to the Sheriff of Mumbai towards the poundage.

10.

Suit is disposed off as per the consent terms and the order above. 11.

Refund of court fees as per rules.

(S.J. KATHAWALLA, J) ssp 2/2