Hoegh Lng Giant Ltd. v. F. S. R. U. Hoeg Giant (Imo Number 9762962) And Another

TAUSEEF LAIQUEE FAROOQUI TAUSEEF LAIQUEE FAROOQUI Date: 2022.07.08 15:25:42 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION JUDGE'S ORDER NO.45 OF 2022 AND INTERIM APPLICATION (L) NO.15637 OF 2022 AND INTERIM APPLICATION NO.2872 OF 2022 IN COMMERCIAL ADMIRALTY SUIT NO.28 OF 2022 Western Concessions Pvt. Ltd.

...Plaintiff V/S FSRU Hoegh Giant & Anr.

...Defendants ------- Mr. Zarir Bharucha a/w Mr. Bimal Rajasekhar and Chandrasekhar Haridh i/by ZBA for Plaintiff.

Mr. Rahul Narichania, Senior Advocate a/w Mr. Siddharth Thacker, Ms Pratiksha Auhad and Ms. Ayesha Qazi i/by Mulla & Mulla & Craigie Blunt & Caroe for Defendants.

-------

CORAM

:

R. I. CHAGLA, J.

DATED :

8th JULY, 2022.

P.C.

1.

The Court is informed today that the Parties have settled their disputes and entered into an out of Court settlement. 2.

Accordingly, the Plaintiff and the Defendants agree to withdraw the respective proceedings fled by them before this Court.

3.

In view of the above:

(a). The present Suit, Judges Order No.45 of 2022 and Interim Application (L) No.15637 of 2022 are dismissed as withdrawn by the Plaintiff with no order as to costs; and (b). Interim Application No.2872 of 2022 is also dismissed as withdrawn by the Defendant with no order as to costs.

4.

Both the statements made by Mr. Narichania, appearing on behalf of the Defendants, last recorded in the Order dated 29th June 2022, comes to an end forthwith. The Plaintiff has no objection to the Defendant Vessel sailing out of the jurisdiction. The Defendant Vessel is free to sail outside Indian territorial waters forthwith. 5.

The Plaintiff and Defendants are both directed to forthwith take all steps necessary to expeditiously redeliver the Defendant Vessel to its Owners, the Defendant No.2, at the Pilot Boarding Station, Jaigarh (PBS) and allow the Defendant No.1 Vessel to depart Indian waters, including obtaining all necessary and required re-export clearances and authorizations and to

sign/submit all necessary documents and comply with all formalities required to enable the Defendant Vessel to expeditiously sail out of the jurisdiction of this Court.

6.

The Defendant shall provide to the Plaintiff the Vessel redelivery certifcate immediately upon reaching the PBS and the Defendant Vessel to depart Indian waters immediately. 7.

Sheriff's poundage in the sum of INR 500 will be paid by the Plaintiff within a period of 1 week from date of this order. 8.

Refund of Court fees, if any, as per the rules. 9.

Certifed copy of the order is expedited.

10.

All authorities, including the Jaigarh port and Customs to permit the Defendant Vessel to sail out immediately. All concerned parties, including Port and Customs Authorities to act upon an ordinary copy of this order duly authenticated by the Associate.

(R. I. CHAGLA, J.)