Proactive Ship Management Pvt Ltd v. The O/P Interested In The Vessel Green Ocean I ( Imo 8631697 ) And ANR

OCD-6

IN THE HIGH COURT AT CALCUTTA

Commercial Appellate Division ORIGINAL SIDE AO-COM/4/2025 WITH AS/6/2023 IA No. GA-COM/2/2024 PROACTIVE SHIP MANAGEMENT PVT. LTD.

VS.

THE O/P INTERESTED IN THE VESSEL GREEN OCEAN I (IMO 8631697) AND ANR.

BEFORE:

The Hon'ble JUSTICE SOUMEN SEN AND The Hon'ble JUSTICE BISWAROOP CHOWDHURY Date : 24th February, 2025 Appearance:

Mr. Shouveek Ray, Adv.

Mr. Niket Ojha, Adv.

...for the appellant.

Mr. Rudrajit Sarkar, Adv.

Mr. Debangshu Dinda, Adv.

...for respondent no.2.

1. Time and again the matter was adjourned in order to enable Mr. Shouveek Ray, learned Advocate appearing for the appellant to obtain necessary instructions with regard to the settlement of the dispute. However, Mr. Ray submits that he has received no instruction from the appellant.

2. However, it appears that undisputedly a settlement agreement has been entered into between the appellant and the respondent. The said settlement has been duly signed by the parties in presence of a witness. The terms appear to be lawful. The terms of settlement also has been acted upon by the parties. In fact, an amount of Rs.35 lakhs

has been paid towards settlement to the appellant by the respondent no.2 and the proof of payment has been disclosed during hearing. It appears that the appellant has received the entire settled amount in three tranches on 9th December, 2024 for Rs.12.50 lakhs, on 10th January, 2025 for Rs.12.50 lakhs and on 6th February, 2025 for Rs.9.30 lakhs.

3. Photocopies of the bank statement showing such payments are placed and taken on record.

4. In view thereof, the suit is decreed for Rs.35 lakhs.

5. The Department is directed to draw up the decree as expeditiously as possible.

6. In view of the payment of the entire settled amount, the Department shall also record satisfaction of the decree.

7. The original settlement agreement is taken on record.

8. The appeal being No. AO-COM/4/2025 and the application being IA No. GA-COM/2/2024 are disposed of.

9. In view of the aforesaid, AS/6/2023 is treated as on the days' list and disposed of in terms of the aforesaid order.

10. The Department is directed to record disposal of the suit along with the appeal and the connected application as also satisfaction of the decree.

11. Upon the decree being drawn up, the original settlement agreement shall be returned to the advocate-on-record for the respondent no.2 after retaining a photocopy thereof.

(SOUMEN SEN, J.) (BISWAROOP CHOWDHURY, J.) Spal/mg.