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Bombay High CourtADMS/5/2016disposed off

Ing Bank Nv v. Mb Common Calypso (Imo-9594705)

2015-12-12Hon'Ble Shri Justice S.J. Kathawalla2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION ADMIRATLY SUIT (L) NO. 1290 OF 2015 ING Bank NV. ...Plaintiff

Versus

MV COMMON CALYPSO (IMO: 9594705) ...Defendant Mr. Naishadh Bhatia i/b M/s. Crawford Bayley & Co. for the Plaintiff. None for the Defendant.

CORAM: S.J. KATHAWALLA, J DATE: 12th December, 2015 (In Chamber) P.C:

1 Mentioned. Not on board. Taken on board.

2 The Advocate for the Plaintiff informs that the plaintiff seeks to withdraw the present Suit against the Defendant Vessel as the claim has been settled out of court.

3 There is no caveat against release of the Defendant Vessel. 4 In view thereof, the Defendant Vessel is ordered to be released from order of arrest dated 8th December, 2015. In view of urgency, the instrument of release is dispensed with. 5 The Plaintiff undertakes to pay poundage within a period of two weeks from the date of this order. The undertaking is accepted.

6 In view of the aforesaid, the Suit is disposed of as withdrawn. 7 Refund of court fees as per rules.

All concerned port authorities to act on an ordinary copy of this order duly authenticated by the Associate of this Court. Liberty is granted to the parties to communicate this order to all concerned authorities by fax/email.

[S.J. KATHAWALLA, J. ]