Bombay High CourtCOMS/3/2016disposed off

London Steam-Ship Owners'S Mutual Insurance Association Limited v. Mv Lord (Imor No. 9290244)

2016-06-24Hon'Ble Shri Justice S.J. Kathawalla2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN IT'S COMMERCIAL DIVISION COMMERCIAL ADMIRALTY SUIT NO 03 OF 2016 LONDON STEAM-SHIP OWNERS' MUTUAL INSURANCE ASSOCIATION LIMITED ...PLAINTIFF

VERSUS

MV LORD (IMO No. 9290244) ... DEFENDANT Ms. Parvathy Kottol i/b Bose & Mitra & Co. for the Plaintiff None for the Defendant CORAM:- S.J. Kathawalla, J DATED :- 24 th June, 2016 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 submits that the Order of Arrest dated 27 May 2016 was passed by Hon'ble Justice B R Gavai (Vacation Court).

4. The Plaintiff submits that the dispute arose against the Defendant with respect to a claim arising under a P & I marine insurance policy has been settled out of court.

5. The Plaintiff states that the settlement has been reached with the Defendants in the sum of USD 195,549.00; wherein a sum of USD 120,000 has been received by the Plaintiff and the remaining sum of USD 75,549 shall be paid by the Defendant in instalments over the remaining calendar year.

ssp 1/2

6. In light of the above, the Plaintiff seeks to withdraw the suit as the Plaintiff`s claims in the Suit stands resolved.

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

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

9. Order of arrest dated 27 May, 2016 stands vacated and formal Instrument of Release is dispensed with. 10.

Plaintiff is allowed to withdraw the Suit. The above Admiralty Suit is disposed of as withdrawn. Refund of Court Fees if any as per rules.

11.

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.) ssp 2/2