Imi Glory Ltd v. Owners And Parties Interested In The Vessel M.V.Han Baek 1

OD - 1 AS 5 of 2014 IA GA No. 1 of 2014 (Old GA No. 1167 of 2014) GA No. 2 of 2014 (Old GA No. 3649 of 2014) GA No. 4 of 2020

IN THE HIGH COURT AT CALCUTTA

ADMIRALTY JURISDICTION ORIGINAL SIDE

IN THE MATTER OF :

IMI GLORY LIMITED

VERSUS

THE OWNERS AND PARTIES INTERESTED IN THE VESSEL M.V.HAN BAEK 1

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 8th April, 2021.

Appearance:

Mr. S. Kundu,Adv.

Mr. Anuj Dhaman,Adv.

The Court:- The parties have settled the disputes being the subject matter of the instant admiralty suit out of Court. A consent term has been executed by the plaintiff and the defendant on 6th March, 2020. The consent term has been signed by the authorised signatories of the plaintiff and the defendant. It has also been signed by the respective Advocates. In accordance with the consent term the plaintiff has received a sum of USD 118,259.36 from the defendant. The plaintiff having accrued the money is no more willing to proceed with the suit any further. The suit is dismissed for non-prosecution without any order as to costs.

Photocopies of the consent term and the electronic mail dated March 26, 2021 confirming receipt of USD 118,259.36 are kept on record. All pending applications in the suit are, accordingly, disposed of. Interim orders, if any, passed therein stand vacated. The defendant shall be at liberty to approach the Registrar, Original Side of this Court for return of the bank guarantee furnished by the defendant in terms of the order dated 17th April, 2014 since the parties have settled and the defendant is entitled to return of such bank guarantee in terms of the consent term.

(ARINDAM MUKHERJEE, J.) s.chandra