Barkat Hiring Co. v. Dlb Nand Gaurav And ANR

Nitin 1 / 2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION ADMIRALTY SUIT NO. 81 OF 2015 ALONG WITH NOTICE OF MOTION (L) NO. 2763 OF 2015 Barkat Hiring Company ... Plaintiff Vs.

DLB Nand Gaurav & Anr.

... Defendants Mr. Naishadh Bhatia i/b Crawford Bayley & Co. for the Plaintiff Mr. Harsh Behany i/b Maniar Srivastava Associates for the Defendants CORAM: S. J. KATHAWALLA, J.

(VACATION COURT) DATE: MAY 23, 2018 1.

The parties have settled their disputes and difference in terms of consent terms dated 16th May 2018. The said consent terms are tendered today. The same are taken on record and marked "X" for identification. All undertakings therein are accepted. 2.

In light of the settlement, the Advocate for the Plaintiff seeks to withdraw the present Suit. Statement accepted. The Suit is allowed to be withdrawn.

3.

The Plaintiff undertakes to pay Rs. 57,467.28 to the Sheriff of Mumbai towards poundage as per the rules.

Nitin 2 / 2 4.

In light of the withdrawal of the Suit, order of arrest, if any is vacated forthwith.

5.

The Defendant informs that there is no caveat against release of the Defendant Vessel.

6.

In view of urgency, instrument of release is dispensed with. 7.

All concerned including Port, Customs and other statutory authorities shall act on the authenticated copy of this order. 8.

Liberty to the parties to mention the matter in case of any difficulty.

9.

Refund of Court Fees as per Rules.

( S.J. KATHAWALLA, J. )