Sivakumar Narayanasamy And 3 ORS v. M.V.Selat Goodman And 2 ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ADMIRALTY SUIT NO. 61 OF 2019 Sivakumar Narayanasamy & Ors.

...Plaintiffs

Versus

M.V. Selat Goodman & Ors.

...Defendants ---- Mr. Arnab Ghosh i/b Manoj Khatri for Plaintiff. Mr. Ruchir Goenka a/w Mr. Dipam Sengupta i/b Bose and Mitra and Co. for Defendant Nos. 1 and 3.

Mr. Dhruva Gandhi i/b Little and Co. for Defendant No. 2. ---- CORAM : K.R.SHRIRAM, J.

DATED : 15th FEBRUARY 2021.

P.C. :

1.

Mr. Ghosh for plaintiff says plaintiffs have received payment as per the settlement agreement and seeks leave to withdraw the suit. 2.

Suit dismissed as withdrawn.

3.

Pursuant to order dated 14th August, 2019, defendant nos.1 and 3 had furnished bank guarantee to secure the claim of plaintiffs. Mr.Goenka states that bank guarantee is for USD$ 65650. Mr. Goenka seeks directions to the Prothonotary and Senior Master, High Court, Mumbai to return the bank guarantee duly cancelled. Mr. Ghosh has no objection. 4.

In the circumstances, Prothonotary and Senior Master, High Purti Parab

2/2 1 COMAS-61-2019.doc Court, Mumbai is directed to return the said bank guarantee together with extension if any duly cancelled to advocate for defendant nos.1 and 3. 5.

Refund of court fees, if any, in accordance with rules. 6.

If any charges are payable to the Sheriff of Mumbai, Mr. Goenka for defendant nos.1 and 3 undertakes to pay these charges. 7.

All interim applications stand dismissed.

8.

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