Kge Global Logistics Llc Fz v. Mv Wen Shan (Imo No. 9311804)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION by JITENDRA SHANKAR NIJASURE Date:

2024.07.31 18:22:25 +0530 JITENDRA SHANKAR NIJASURE IN ITS COMMERCIAL DIVISION COM ADMIRALTY SUIT NO.7 OF 2024 KGE Global Logistics LLC FZ ...Plaintiff

Versus

M.V. Wen Shan (IMO No.9311804) ...Defendant ---------- Meenakshi Pahuja, i/b. M/s. Priyanka Patel for the Plaintiff. Arnab Ghosh for the Defendant vessel.

---------- CORAM : R.I. CHAGLA J.

DATE : 31ST JULY, 2024.

ORDER :

1. Not on board. Mentioned. Taken on Board.

1. In the above matter, Defendant No.1 vessel, M.V. Wen Shan (IMO No. 9311804), now known as M.V. Sencer 1 (IMO No. 9311804), was arrested pursuant to an order dated 2nd February, 2024 as security towards the Plaintiff's claim of US$ 128,255.00 (United States Dollars One Hundred and Twenty-Eight Thousand and Two Hundred and Fifty-Five Only).

2. The Advocates representing the parties jointly state that the 1/3

Plaintiff and Defendant have entered into an out of court settlement and have mutually agreed to resolve their disputes which is the subject matter of the suit in terms of the Settlement Agreement dated 22nd July 2024. An original set of the Settlement Agreement, signed by the parties and verified by their respective Advocates is taken on record as Exhibit -X for identification.

3. Advocate for the Plaintiff, on instruction, states that since there are no pending disputes under the subject matter of the present suit and/or any claims as against Defendant vessel and the above Suit can be disposed of as withdrawn unconditionally.

4. Parties have informed this Court that there are no pending caveats against release of Defendant vessel. The caveat against release book is produced before this Court today.

5. In view of the aforesaid statement, the above Suit is disposed of as withdrawn. Consequently, all interim applications/ judge's order shall be disposed of. The order of arrest of Defendant vessel shall stand vacated and the vessel shall be released forthwith.

6. Refund of Court fees, if any, as per Rules.

7. In view of the urgency Instrument of Release dispensed with.

8. Sheriff to forthwith issue customary intimations to the Port, Customs and any other concerned Authority conveying the passing of the present order and release of Defendant Vessel from arrest. 2/3

9. Liberty granted to the Authorized Representative / Advocate representing both the parties to convey, by fax, email and/ or hand delivery, the Order directing release of the Defendant Vessel to Port, Customs and other statutory Authorities. 10.

Prothonotary & Senior Master, High Court, Bombay / Admiralty Registrar / Sheriff of Mumbai, Customs, Port and all concerned statutory authorities are directed to act on copy of the order duly authenticated by the Associate.

[ R.I. CHAGLA J. ] 3/3