Barmalt Malting India Pvt. Ltd. v. M. V. Orient Phoenix

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION COMM ADMIRALTY SUIT (L) NO. 281 OF 2016 Barmalt Malting India Pvt Ltd.

...

Plaintiff

Versus

m.v. ORIENT PHOENIX ...

Defendant Ms. Ritcha Sahay i/b. Mr. Ashwin Shanker for the Plaintiff. None for the Defendant.

CORAM : S.J. KATHAWALLA, J.

DATED : 9 TH DECEMBER, 2016 P.C. :

1.

Not on board. Upon mentioning, taken on board. 2.

Learned Advocate for the Plaintiff states that parties have arrived at a settlement. In view thereof, she wishes to vacate the order of arrest dated 5th December 2016 and to withdraw the suit. She further states that there is no caveat against release. 3.

In view of the same, the suit is allowed to be withdrawn, the order of arrest is vacated, and the Defendant vessel m.v. ORIENT PHOENIX stands released from arrest. Refund of Court Fees as per Rules. Poundage payable by the Plaintiff as per Rules within a period of four weeks from today.

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Instrument of Release dispensed with. All concerned authorities, Port and Customs shall act on a copy of this order duly authenticated as True Copy by the Associate of the Bombay High Court and communicated to them by fax/email/courier/hand delivery.

( S.J. KATHAWALLA, J. )