Hyundai Marine And Fire Insurance Co. Ltd. v. Mv Han Ren (Imo 9651955) And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION ADMIRATLY SUIT (L) NO. 1131 OF 2015 Hyundai Marine and Fire Insurance Co. Limited ...Plaintiff

Versus

M.V. Han Ren & Anr ...Defendant Ms. Bulbul Singh Rajpurohit i/b M/s. Crawford Bayley & Co. for the Plaintiff. Mr. Abhimanyu Singh I/by Mr. V. Subramanian for the Defendant Vessel. CORAM: S.J. KATHAWALLA, J DATE: 30th OCTOBER, 2015 PC:

1. Mentioned. Not on board. Taken on board.

2. The counsel for the Plaintiff submit that the parties have agreed to subject themselves to arbitration as per the terms of the Letter of Undertaking of UK P& I club dated 30th October 2015. Therefore, the Plaintiff seeks release of the Defendant Vessel and withdrawal of the Suit.

3. There is no caveat against release of the Defendant Vessel.

4. In view of the aforesaid, the Defendant Vessel is ordered to be forthwith released from the order of arrest dated 24th October 2015. In view of urgency instrument of release is dispensed with.

5. The Parties are at liberty to communicate a copy of this order to all port authorities, custom officers, coast guards, etc by fax, email and/or hand delivery.

6. All authorities including port, customs, coast guards, etc to act on an ordinary copy of this order duly authenticated by an associate of this court and communicated to them by fax, email, etc.

7. The Plaintiff undertakes to pay poundage as per rules within two weeks.

8. The Suit is disposed of as withdrawn.

9. Refund of court fees as per rules, if any. [S.J. KATHAWALLA J]