Indian Steel Corporation Ltd v. The O & P Interested In The Vessel M.V.Han Zhang

IA No. GA 11 of 2020 IA No. GA 12 of 2020 AS No. 4 of 2014

IN THE HIGH COURT AT CALCUTTA

Special Jurisdiction (Admiralty) INDIAN STEEL CORPORATION LTD.

Versus

THE OWNER & PARTIES INTERESTED IN THE VESSEL M. V. HAN ZHANG

BEFORE:

The Hon'ble Justice Ashis Kumar Chakraborty Date : 28th September, 2020.

Appearance:

Ms. Setu Das Roy, Adv.

...for the plaintiff/respondent Ms. Labanyasree Sinha, Adv.

Mr. Subhojit Roy, Adv.

...for the defendant The Court : The owner of the defendant ship in question has filed this application in the admiralty suit to record compromise of the suit on the basis of the terms of settlement arrived at between the plaintiff and the applicant. The original terms of settlement has been duly signed by the plaintiff as well as the owners of the defendant vessel and the same be kept with the records.

Learned counsel appearing for the applicant has also made over a bank draft of Rs.74,69,000/-, particulars whereof have been mentioned in paragraph 2 of the terms of settlement, to counsel representing the plaintiff.

After perusing the terms of settlement entered into between the parties, the same appears to be lawful and valid. In view of the above, the admiralty suit AS No.4 of 2014 is disposed of on the basis of the terms of settlement entered into between the parties.

All interim orders passed in the admiralty suit stand vacated. The department is directed to forthwith draw and complete the decree in the admiralty suit on the basis of the terms of settlement. There shall also be an order in terms of prayer ( c ) of the notice of motion taken out by the applicant.

The affidavit of service be kept on record.

GA No. 11 of 2020 and GA No.12 of 2020 stand disposed of accordingly.

(Ashis Kumar Chakraborty, J.) kc.