Transbulk International Shipping Llc v. Singh Marine Syndicate And 4 ORS

1/2 COMS845.17-904

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY & VICE ADMIRALTY JURISDICTION COMMERCIAL ADMIRALTY SUIT NO.845 OF 2017 Transbulk International Shipping LLC )....Plaintiff V/s.

Singh Marine Syndicate & Ors.

)....Defendants ---- Ms.Shweta Sadanandan i/by Ashwin Shankar for plaintiff. None for defendants.

---- CORAM : K.R.SHRIRAM,J DATE : 5.1.2018 P.C.:- Ms.Shweta Sadanandani instructed by Shri Ashwin Shankar who is present in court states that the parties have amicably settled the matter and plaintiff has received a sum of US$ 631,000 in full and final settlement of its claim. Ms.Sadanandani tenders copy of a letter addressed to the Sheriff of Mumbai in which this figure is mentioned. Ms.Sadanandani seeks leave to withdraw the suit and prays for vacating the order dated 14.11.2017 arresting the 2nd defendant cargo discharged from m.v. ELIZABETH comprising 54,058 Mts of limestone at Paradip port.

Suit dismissed as withdrawn. The order of arrest stands vacated and the 2nd defendant cargo to be released forthwith. KJ

2/2 COMS845.17-904 Instrument of released dispensed with. Plaintiff is at liberty to communicate this order to all parties concerned by fax/email/courier/hand delivery. Undertaking of the counsel for plaintiff that copy of this order will be hand delivered along with the letter from the Sheriff of Mumbai to the concerned authorities including Port and Customs within a period of one week from today, is accepted.

The undertaking of the plaintiff to pay to the Sheriff of Mumbai, poundage in rupees equivalent to US$ 6310 on the date of payment, is accepted and so ordered. Shri Ashwin Shankar advocate on record assures this court that plaintiff will honour this undertaking and if for any reason, plaintiff does not, he shall personally be liable to this amount.

Refund of court fees in accordance with Rules. No order as to costs.

All to act on an authenticated copy of this order. (K.R.SHRIRAM,J) KJ