High Court of KeralaAdml.S./7/2014disposed of

Regan v. M.V.Oel Bengal

2015-01-09Honourable Mr. Justice P.B.Suresh Kumar2 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR FRIDAY, THE 9TH DAY OF JANUARY 2015/19TH POUSHA, 1936 Adml.S..No. 7 of 2014 () ------------------------- PETITIONER(S)/PLAINTIFF:

---------------------------------------------- REGAN, AGED 18 YEARS S/O LAURANCE, ELAVANGHAM HOUSE, KOLLAMKODE (P.O) KANYAKUMARI DISTRICT, TAMILNADU BY ADVS.SRI.YASH THOMAS MANNULLY SRI.G.SANTHOSH KUMAR (P).

SMT.NISHY THOMAS MANNULLY RESPONDENT(S)/DEFENDANTS:

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1. M.V.OEL BENGAL (FORMERLY OEL FREEDOM) (IMO 8510362) A FOREIGN FLAG VESSEL, FLYING THE FLAG OF SINGAPORE ALONG WITH HER HULL, ENGINES, MACHINERY, BOATS, APPAREL AND OTHER PARAPHERNALIA PRESENTLY ANCHORED WITHIN THE KOLKATA PORT LIMITS REPRESENTED BY THE MASTER OF THE VESSEL.

2. OWNERS AND OTHER INTERESTED IN THE VESSEL M.V. OEL BENGAL (FORMERLY M.V OEL FREEDOM (IMO 8510362), REPRESENTED BY THE MASTER OF THE VESSEL

3. THE MASTER OF THE VESSEL M.V OEL BENGAL (FORMERLY M.V OEL FREEDOM (IMO 8510362) R1-R3 BY ADV. SRI.V.M.SYAM KUMAR R1-R3 BY ADV. SMT.KRIPA ELIZABETH MATHEWS THIS ADMIRALITY SUIT HAVING BEEN FINALLY HEARD ON 09-01-2015 ALONG WITH Adml.S.No.9 OF 2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

VPV

P.B.SURESH KUMAR, J.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Admiralty Suit Nos. 7 & 9 of 2014 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 9th day of January, 2015

JUDGMENT

The disputes between the parties in these matters were settled by recourse to mediation. The memorandum of settlement arrived at between them is part of the records. The memorandum of settlement indicates that the terms of settlement arrived at between the parties are lawful. In the circumstance, these admiralty suits are disposed of in terms of the said settlement.

2. In view of the settlement, the proceeds of the fixed deposit made pursuant to the order dated 11.11.2014 shall be released to the defendants in the suits. A copy of the memorandum of settlement shall be appended to this judgment and the original shall be preserved.

Sd/- P.B.SURESH KUMAR JUDGE vpv