Integr8 Fuels Inc. v. Gerimal And 3 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ADMIRALTY SUIT (L) No. 209 OF 2017 Integr8 Fuels Inc.

. . Plaintiff

Versus

GERIMAL & Ors.

. . Defendants Amanpreet Singh i/b Harsh G. Pratap, Advocate for the Plaintiff CORAM : S. J. KATHAWALLA, J.

DATED : 20th April 2017 P.C.:

1.

Mentioned. Not on Board. Taken on Board.

2.

Pursuant to the Order passed by this Court dated 17th April 2017, the Defendant No. 1 vessel was ordered to be arrested. Thereafter, the Plaintiff has agreed to release the Defendant No. 1 vessel and withdraw the Suit as the matter has been settled.

3.

There is no caveat against release of the Defendant No.1 Vessel. 4.

In view thereof, the Defendant No. 1 Vessel is ordered to be released forthwith from order of arrest dated 17th April 2017 which stands vacated. In view of urgency, the instrument of release is dispensed with. The Defendant no. 1 Vessel is permitted to sail forthwith.

5.

Plaintiff undertakes to pay poundage within a period of two weeks from the date of this order.

6.

All concerned authorities including port, customs, coast guard and Sheriff of Mumbai to act on an ordinary copy of this order duly authenticated by the Associate of this Court. Sheriff of Mumbai is directed to issue the letters of release addressed to the concerned authorities. Liberty is granted to communicate this order to all concerned authorities by fax and/or email and / or hand delivery without insisting on the original Order or a certified copy thereof. 7.

The undertaking for damages given by the Plaintiff at the time of applying for the arrest stands discharged.

8.

In view of the aforesaid, the Suit is disposed off as withdrawn. 9.

Refund of Court Fees, if any, as per Rules.

[S.J. KATHAWALLA, J.]