Hyundai Heavy Industries.Co.Ltd v. M.V.F.Whale And ANR.

Nitin 1 / 1 903-ADMSL-595-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY & VICE ADMIRALTY JURISDICTION ADMIRALTY SUIT (L) NO. 595 OF 2015 HYUNDAI HEAVY INDUSTRIES. CO. LTD ...

PLAINTIFF

Versus

MV F WHALE ... DEFENDANT Mr. Shyam Kapadia with Dr. Shrikant Hathi and Ms. Binita Hathi, i/b Brus Chambers, for Plaintiff.

CORAM : S. J. KATHAWALLA, J.

DATE : 24 TH JULY, 2015 PC.:

1.

The Plaintiff is the mortgagee of the Defendant vessel. The Order of arrest of the Defendant vessel was passed on June 17, 2015 and could not be arrested.

2.

The Plaintiff seeks leave to withdraw the present suit with liberty to take out fresh proceedings against the Defendant vessel in appropriate jurisdiction.

3.

Leave is accordingly granted. Order of Arrest dated June 17 and 18, 2015 against the Defendant vessel being m.v. F Whale stands vacated. 4.

There is no Caveat against Release of the Defendant vessel, m.v. F Whale.

5.

Refund of Court Fees, if any, as per Rules.

6.

No orders as to costs.

(S.J. KATHAWALLA, J.)