Rms Marine Service Company Ltd v. M V Ch Doris And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY & VICE ADMIRALTY JURISDICTION ADMIRALTY SUIT LODGING NO.446 OF 2016 RMS MARINE SERVICE COMPANY LTD ..PLAINTIFF

Versus

M.V. CH DORIS & ANR ..DEFENDANTS Advocate Prasad Shenoy with Dr. Shrikant Hathi and Ms. Natasha Sailopal i/b Brus Chambers, for Plaintiff CORAM: S. J. KATHAWALLA, J April 29, 2016 PC.:

1.

Mentioned not on board.

2.

Urgency is made out and therefore the matter is allowed to be moved. 3.

The Plaintiff's dispute is settled out of court therefore the Plaintiff prays for withdrawal of the suit. Leave is accordingly granted. Order of Arrest dated April 26, 2016 against the Defendant vessel being m.v. CH Doris stands vacated. 4.

There is no Caveat against Release of the Defendant vessel, m.v. CH Doris. 5.

The Defendant vessel, m.v. CH Doris presently lying arrested at Mumbai Port stands released immediately.

6.

Instrument of release is dispensed with.

7.

The Plaintiff undertakes to pay Sheriffs Poundage as per rules. 8.

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

9.

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 m.v CH Doris. 10.

It is open for the Plaintiff's advocate to communicate this Order at their own cost. 11.

Refund of Court Fees as per Rules.

12.

No orders as to costs.

(S.J. KATHAWALLA, J)