Sunrise Enterprises v. M. T. Hansa Prem And ANR.

Tandle

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2048 OF 2019 IN ADMIRALTY SUIT NO. 41 OF 2019 Sunrise Enterprise ... Applicant (Org. Plaintiff) In the matter between :

Sunrise Enterprise ... Plaintiff

Versus

M. T. Hansa Prem & Anr.

... Defendants . . . . . .

Mr. Prathamesh Kamat a/w Mr. Zoeb S. Cutlerywala, Mr. Pinak Bhagwat and Mr. Farhad Dalal i/b M/s Legasis Partners for Plaintiff. Mr. Ruchir Goenka i/b Bose and Mitra and Co. for Defendants. . . . . . .

CORAM : K. R. SHRIRAM, J.

DATE : 5TH SEPTEMBER, 2019 P. C. :

1.

The parties have amicably settled the matter. This settlement has been recorded in a document dated 29.08.2019. A copy of the same signed by representative of plaintiff and defendants is taken on record and marked "X" for identification.

2.

For ease of reference, the same is scanned and reproduced below:- 1/3

2/3

3.

The learned counsel for defendants states that, the figures in paragraph nos. 1(a) and 1(b) will undergo slight change as defendants have agreed to pay the poundage also. Figure in paragraph no. 1(a), instead of Rs. 9,00,511/- will be Rs. 9,09,516/- and the figure in para 1(b) will get reduced by Rs. 9,005/-. Figure in para 1(b) therefore will be Rs. 4,01,850/- (Rs.4,10,855/- less 9,005/-) 4.

The Registry to release to the plaintiff a sum of Rs.9,09,516/- together with accumulated interest and the balance of amount of Rs. 4,01,850/- together with its proportionate share of interest to be given to defendants. These amounts to be distributed within three weeks from today.

5.

The suit accordingly stands disposed. Refund of Court Fees, if any, in accordance with Rules.

6.

Interim Applications, if any, stand disposed and all interim orders, if any, also stand vacated.

7.

Undertaking of the plaintiff's Advocate to pay poundage of Rs. 9,005/- to Sheriff of Mumbai is accepted. Prothonotary's Office to return plaintiff's share only after he is satisfied that Sherif is poundage has been paid.

(K. R. SHRIRAM, J.) 3/3