London Steam-Ship Owners Mutual Insurance Association Ltd. v. Mv Ioannis Theo (Imo No. 9565170)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION ADMIRALTY SUIT (L) NO. 567 OF 2016 LONDON STEAM-SHIP OWNERS' MUTUAL INSURANCE ASSOCIATION LIMITED ...PLAINTIFF

VERSUS

MV IOANNIS THEO (IMO NO. 9565170) ...DEFENDANT Mr.Aditya Krishnamurthy a/w Mr.Abraham Varghese i/b Bose & Mitra & Co. for the Plaintiff None for the Defendant CORAM:- S.J. Kathawalla, J DATED :- 19 th May, 2016 (In Chambers) P.C.

1.

Mentioned not on board. Taken on Board.

2.

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

3.

Learned Advocate for the Plaintiff's dispute is settled out of court therefore the Plaintiff prays for withdrawal of the suit. The Plaintiff states that in light of a settlement being reached with the Defendants in

the sum of USD 194,945.01, the Plaintiff seeks to withdraw the suit as the Plaintiff's claim in the Suit stands resolved. 4.

Order of arrest dated 16 May, 2016 stands vacated and formal Instrument of Release is dispensed with.

5.

Caveat against Release book has been produced, No caveat against release against Defendant Vessel.

6.

The Plaintiff undertakes to pay poundage as per High Court Rules, within 3 weeks from today.

7.

Plaintiff is allowed to withdraw the Suit. Court Fees to be refunded as per rules to the Advocates of the Plaintiff. 8.

In view of the aforesaid, the Suit stands disposed off. 9.

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 the order duly authenticated by the Associate of this Court and Communicated to them by fax / email / Courier / hand delivery. (S. J. KATHAWALLA, J.)