Seatrade Group N.V. v. M.V. Pacific Breeze Imo No 8617926 And 2 Others

COMSL.278-2017 Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION COMMERCIAL ADMIRALTY SUIT (L) NO. 278 OF 2017 WITH NOTICE OF MOTION (L) NO. 281 OF 2017 Seatrade Group N.V.

..Plaintiff Vs M.V. Pacific Breeze & Ors.

..Respondents ------- Mr. Adhiraj Malhotra and Mr. Sagar Sairn i/b DMD Advocates for Plaintiff.

----- CORAM: A.S. GADKARI, J.

DATE: 18 MAY 2017.

(Vacation Court).

P.C.:

1] Not on board. In view of urgency made out, the matter is allowed to be moved.

Caveat book has been produced. There is no caveat against release of the Defendant Vessel.

2] The learned Counsel for the plaintiff submitted that in the light of a settlement being reached between the plaintiff and the defendants for a sum of USD 206,000.00, the plaintiff seeks to withdraw the aforesaid

COMSL.278-2017 Commercial Admiralty Suit.

3] The learned Counsel for the plaintiff submitted that the plaintiff undertakes to pay Sheriff's poundage as per High Court Rules within 3 weeks from today.

In view thereof, the Order of arrest dated 5th May 2017 stands vacated and formal Instrument of Release is dispensed with. The Defendant Vessel presently lying arrested at Alang stands released immediately. 4] In view of the above, the plaintiff is allowed to withdraw the present Commercial Admiralty Suit. Accordingly, the Commercial Admiralty Suit is hereby disposed off as withdrawn. Refund of Court fees, if any, as per rules.

5] Liberty to serve the copy of the order through FAX and email. All concerned authorities, including Port and Customs authorities to act on a copy of this Order duly authenticated by the Associate of this Court and communicate to them by email/fax/courier/hand delivery. 6] In view of Order passed in Admiralty Suit, the Notice of Motion (L) No.281 of 2017 does not survive and the same is accordingly disposed off.

(A.S. GADKARI, J.)