Key Ship Managemnt And Consultants Dmcc v. M. V. Idm Symex (Imo No. 8912663)

1/6

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY & VICE ADMIRALTY JURISDICTION COMMERCIAL ADMIRALTY SUIT NO.85 OF 2016 WITH I.A. NO.1 OF 2020 WITH NOTICE OF MOTION NO.1884 OF 2019 Key Ship Management & Consultants DMCC )....Plaintiff V/s.

M.V.IDM Symex (IMO No.8912663) )....Defendant ---- Mr.Bimal Rajasekhar a/w Mr.Umang Thakar for plaintiff. [Mr.Satish Chande, Authorized signatory of plaintiff present]. Dr.Shrikant Hathi i/by Brus Chambers for defendant. [Mr.Vijay Bane, Authorized signatory of defendant present]. ---- CORAM :K.R.SHRIRAM,J DATE : 3.3.2020 P.C.:- 1.

Parties have amicably settled the matter and tendered consent terms dated 3.3.2020 which is taken on record and marked `X' for identification. In addition Mr.Hathi for defendant tendered print out of an email dated 2.3.2020 received by him from the director of owners of defendant-vessel confirming that the person who has signed on behalf of defendant has authority to sign the consent terms since he has been authorized to sign all documents. E-mail is taken on record and marked `X-1' for identification.

2/6 2.

Mr.Rajasekhar for plaintiff and Mr.Hathi for defendant state that the signatories to the consent terms are present in Court and identify them. The consent terms and the e-mail are scanned and reproduced here in below for ease of reference.

3/6

4/6

5/6 3.

Mr.Hathi also confirms that defendant has confirmed that the remainder amount with the Prothonotary & Senior Master be remitted to the bank account of defendant's advocate. Statement accepted.

4.

Mr.Rajasekhar states that though clause-5 says poundage shall be paid by defendant, the poundage will be paid equally by both the parties. Therefore, Prothonotary & Senior Master shall remit to plaintiff a sum of USD 118,405.

5.

Prothonotary & Senior Master to foreclose the fixed deposit and from the amount available, remit USD 119,000 less USD 595 = USD 118,405 to plaintiff in its account as mentioned in paragraph4(a) and the balance amount available with the Prothonotary & Senior Master, which would naturally include interest, to be remitted in accordance with paragraph-4(b) of the consent terms. Before remitting any amount, Prothonotary & Senior Master shall pay over to Sheriff of Mumbai rupee equivalent of USD 1190 as poundage.

All bank charges for remittance to plaintiff, to defendant and to Sheriff of Mumbai be deducted from the amount payable to defendant.

6/6 6.

Suit accordingly stands dismissed as withdrawn. Refund of court fees if any, in accordance with Rules. All interim applications stand disposed.

All to act on authenticated copy of this order. (K.R.SHRIRAM,J)