Marinetech Co.Ltd v. M.V.Salus

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY & VICE ADMIRALTY JURISDICTION ADMIRALTY SUIT (L) NO. 547 OF 2015 MARINETECH CO. LTD.

...PLAINTIFF

Versus

M.V. SALUS ...DEFENDANT Mr. Shyam Kapadia with Dr. Shrikant Hathi, i/b Brus Chambers, for Plaintiff Mr. Amrut Vernekar for the Caveator CORAM: S J KATHAWALLA J August 6, 2015 PC.:

1.

Counsel for the Plaintiff states that the matter has been settled out of court and seeks leave to withdraw the present Suit. 2.

Counsel for the Plaintiff points out that there is one Caveat against Release filed by M/s MNK & Co in respect of the Defendant vessel, m.v. Salus. The Plaintiff has given notice to M/s MNK & Co. that it would be withdrawing its Suit against the Defendant vessel today and the Order of Arrest would accordingly stand vacated.

3.

Advocate for the Caveator is present in Court and states that he has instructions to withdraw the caveat. Caveat is accordingly withdrawn. ssp 1/2

4.

Leave is accordingly granted to the Plaintiff to withdraw the present suit. Accordingly, the Defendant vessel m.v. Salus stands vacated and released immediately from Order of Arrest dated 1st June 2015. 5.

The above Admiralty Suit is disposed of as withdrawn. 6.

Instrument of release is dispensed with.

7.

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

8.

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 Salus. 9.

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

10.

Refund of Court Fees as per Rules.

11.

No orders as to costs.

(S.J KATHAWALLA, J) ssp 2/2