Shewratan Company Pvt. Ltd. v. M.V. Kesari Prem

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY & VICE ADMIRALTY JURISDICTION ADMIRALTY SUIT NO. OF 2015 (Admiralty Suit Lodging No. 1284 of 2015) SHEWRATAN COMPANY PVT LTD .PLAINTIFF

Versus

M.V. KESARI PREM .DEFENDANT Mr. Shyam Kapadia with Dr. Shrikant Hathi i/b Brus Chambers, for Plaintiff None for the Defendants CORAM S. J. KATHAWALLA J December 8, 2015 PC.:

1.

Mentioned not on board.

2.

Urgency is made out and therefore the matter is allowed to be moved. 3.

The Plaintiff's dispute is settled out of court therefore the Plaintiff prays for withdrawal of the suit. Leave is accordingly granted. Order of Arrest dated December 5, 2015 against the Defendant vessel being m.v. Kesari Prem stands vacated. 4.

There is no Caveat against Release of the Defendant vessel, m.v. Kesari Prem. 5.

The Defendant vessel, m.v. Kesari Prem presently lying arrested at New Mangalore Port stands released immediately.

6.

Instrument of release is dispensed with.

7.

The Plaintiff undertakes to pay Sheriffs Poundage as per rules. 8.

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

9.

Port, Customs, CISF and all concerned authorities to act on fax copy, email or authenticated copy of this Order duly authenticated by the Associate of this Court. All concerned authorities shall render all assistance in effecting the release of the Defendant vessel m.v Kesari Prem.

10.

It is open for the Plaintiff's advocate to communicate this Order at their own cost. 11.

Refund of Court Fees as per Rules.

12.

No orders as to costs.

(S.J. KATHAWALLA, J)