Future Tower International Llc v. P. V. Seaman Guard Ohio (Imo No. 8410691)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY & VICE ADMIRALTY JURISDICTION ADMIRALTY SUIT NO.83 OF 2015 FUTURE TOWER INTERNATIONAL LLC. ... PLAINTIFF

Versus

P.V. SEAMAN GUARD OHIO ...

DEFENDANT Mr. Shyam Kapadia with Dr. Shrikant Hathi i/b Brus Chambers, for Plaintiff Mr. Amrut Vernekar for the Defendant CORAM: S J. KATHAWALLA, J DATE : October 1, 2015 PC.:

1.

The Learned Advocate for the Plaintiff on instructions seeks to withdraw the above Admiralty suit. The Admiralty suit is disposed of as withdrawn. Order of Arrest dated August 6, 2015 against the Defendant vessel being p.v. Seaman Guard Ohio stands vacated. 2.

There is no Caveat against Release of the Defendant vessel, p.v. Seaman Guard Ohio.

3.

The Defendant vessel, p.v. Seaman Guard Ohio presently lying arrested at Tuticorin Port stands released immediately. 4.

Plaintiff shall pay poundage as per rules.

5.

Instrument of release is dispensed with.

6.

Liberty to communicate the Order by fax/ Email to all concerned authorities. Direct service is permitted.

7.

Port, Customs, CISF and all concerned authorities to act on fax copy, email or authenticated copy of this Order. All concerned authorities shall render all assistance in effecting the release of the Defendant vessel p.v. Seaman Guard Ohio.

8.

In view of withdrawal of the suit and release of the vessel from arrest no separate orders on Notice of Motion (L) no. 2462 of 2015 taken out by owners of the Defendant vessel are necessary and accordingly the Notice of Motion is disposed of.

9.

Refund of Court Fees as per Rules.

10.

No orders as to costs.

( S.J.KATHAWALLA, J. )

CERTIFICATE Certified to be true and correct copy of the original signed order.