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Madras High CourtCS/474/2016dismissed as settled out of court

Mohamed Wajid v. Owners And Parties Interested

2016-07-29Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH C.S.No.474 of 2016 and A.No.3583 of 2016 Mohamed Wajid ... Plaintiff Vs Owners and Parties interested in the vessel MV SHRAVAN, now lying at the Port of Paradip, Odisha State India rep. by its Master ... Defendant Plaint filed under Order XLII Rules 1, 2 and 3 of the Original Side Rules r/w Order VII Rule 1 of C.P.C.

For Plaintiff : Mr.S.Vasudevan

JUDGMENT

Learned counsel for the plaintiff submits that the dispute is settled between the parties and the suit may be dismissed as settled out of Court. He has also made an endorsement to the following effect:

"The suit may be dismissed as settled out of Court and refund of 50% CF may be ordered.

The arrest order may be lifted and release order be issued to the counsel for plaintiff so as to communicate the release order to the port authorities by e-mail and fax.

2.In view of the endorsement made by the learned counsel for the plaintiff, the civil suit is dismissed as settled out of Court. Registry is directed to refund half of the court fee to the learned counsel for the plaintiff. No costs. Consequently, connected application is closed.

3.It is open to the port authorities to act upon the order to be communicated by the plaintiff by e-mail/fax, at his cost. 29.07.2016 Index:Yes/No Internet:Yes/No mmi Note: Registry is directed to issue release warrant today in favour of the learned counsel for the plaintiff.

To The Sub Assistant Registrar, Original Side, High Court, Madras.

M.M.SUNDRESH,J

mmi C.S.No.474 of 2016 29.07.2016