Eastern Tanker Co.Ltd v. M.T.An Run 3 (Imo No.9543811) And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRATLY AND VICE ADMIRALTY JURISDICTION ADMIRATLY SUIT (L) NO. 1219 OF 2015 EASTERN TANKER CO. LTD ........ Plaintiff

VERSUS

M.T. AN RUN3 & Anr.

........Defendants Ms. Parvathy Kottol i/b Bose & Mitra & Co. for the Plaintiff None for the Defendant CORAM:- S.J. Kathawalla, J DATED :- December 15, 2015 P.C.

1. Mentioned not on board. Taken on Board.

2. Learned Advocate for the Plaintiff states that in light of a settlement being reached with the Owners of the Defendant Vessel in the sum of USD 242,027.38, the Plaintiff seeks to withdraw the suit as the Plaintiff's claim in the Suit stands. Leave is accordingly granted. Order of Arrest dated 16 November 2015 against the Defendant vessel being M.T. AN RUN3 stands vacated.

3. There is no Caveat against Release of the Defendant vessel, M.T AN RUN3.

4. The Defendant vessel, M.T AN RUN3 presently lying arrested at Tuticorin, Port stands released under the present Admiralty Suit.

5. Instrument of release is dispensed with.

6. The Plaintiff undertakes to pay Sheriff's Poundage as per rules.

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

8. Port, Customs, CISF and all concerned authorities to take note that the Defendant Vessel MT AN RUN 3 stands released under this ADMS (L) No. 1219 of 2015 and the Arrest Order dated 16th November 2015 stands vacated. The Vessel however remains to be under arrest as per the order dated 01.09.2015 passed in ADMS (L) No. 911 of 2015.

9. It is open for the Plaintiff's advocate to communicate this Order at their own cost.

10.Refund of Court Fees as per Rules.

(S. J. KATHAWALLA, J. )