Dismissed

Coral Trade Link L L C v. M T Maharshi Vamadeva and Arn

Bombay HC1 Jul 2013ADMS/78/2013

Case brief

AI extract

What is this about?

The Court granted the Plaintiff's prayer to withdraw the Admiralty Suit following an out-of-court settlement. Consequently, the arrest order against the first defendant vessel stood vacated, pending withdrawal of a caveat filed by the second defendant. Release was contingent upon caveat withdrawal by July 5, 2013.

What did the court decide?

Suit withdrawn; Order of arrest vacated subject to caveat withdrawal; Vessel to be released upon withdrawal of caveat by 5th July 2013.

Coral Trade Link L L C Vs M T Maharshi Vamadeva and Arn — Bombay HC (2013) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶2

ADMIRALTY & VICE ADMIRALTY JURISDICTION

¶3

ADMIRALTY SUIT (L) NO. 519 OF 2013

Coral Trade Link LLC

… Plaintiff

m.t. Maharshi Vamadeva & Anr. … Defendants

¶8

Ms. Anusha Ramanathan i/b S. Priya, Advocate for the Plaintiff. Ms. Ritcha Sahay i/b Ashwin Shankar for the Caveator.

¶9

None for the Defendant.

¶10

Coram: S. J. Kathawalla, J.

¶11

Dated: 1^st July, 2013.

¶12

P.C.

¶13

Mentioned, not on board.

¶14

The Plaintiff’s claim is settled out of Court, therefore the Plaintiff prays for withdrawal of the Suit. Leave is accordingly granted. The Suit is withdrawn and the Order of Arrest dated 25^th June, 2013, against the 1^st Defendant vessel, m.t. Maharshi Vamadeva, stands vacated, subject to Caveat against Release.

¶15

Caveat against release register produced; there is a Caveat No.23/2013 filed on behalf of Palco Marine Services Pte. Ltd. Notice was given to the Advocate for the Caveator; who was present in Court and makes a statement that the Caveator is in settlement talks with the 2^nd Defendant. Advocate for the Caveator requests that the order of Arrest dated 25^th June, 2013, may be continued until 5^th July, 2013, by which date the Caveator anticipates that their claim will be settled by the 2^nd Defendant. In the event the Caveators’ claims are not settled on or before 5^th July, 2013, the Caveator undertakes to file an Admiralty Suit in respect of their claim and in which suit, they will apply afresh for the arrest of the 1^st Defendant vessel.

¶16

Accordingly, the 1^st Defendant vessel, currently lying arrested at the Port of Mangalore, to be released upon the Caveat being withdrawn on or before 5^th July, 2013.

¶17

In view of the above, the 1^st Defendant vessel is ordered to be released in terms of paragraph no.4 above; and the Sheriff of Mumbai is directed to communicate this Order of Release of the first Defendant vessel, to the Customs, Port and other authorities, by fax, only after the withdrawal of the Caveat. Upon the Caveat being duly withdrawn, Caveator to inform the Office of the Sheriff of Mumbai, and the Authorities are directed to act on a fax/e-mail copy of the Order.

¶18

Refund of Court Fees as per Rules.

¶19

Plaintiff undertakes to pay Sheriff’s Poundage as per Rules.

¶20

No order as to costs.

¶21

All concerned are directed to act on an ordinary copy of this Order duly authenticated by the Associate of this Court.

¶22

(S. J. Kathawalla, J.)

Coral Trade Link L L C v. M T Maharshi Vamadeva and Arn

Case brief

What is this about?

What did the court decide?

Coral Trade Link L L C v. M T Maharshi Vamadeva and Arn

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Coram

Case details

Similar cases

Ocean Eleven Shipping Corporation Vs M.V. Cai LAN-4

Aries Marine and Engg Services Vs M T Maharshi Vamadeva

Sun Pharmaceuical Industries Ltd. Vs Emcure Pharmaceuticals Ltd.

Merck Sharp and Dohme Corp and Anr. Vs Universal Impex @ Universal Pharma and 3 Ors.

Ultratech Cement Limited and Anr. Vs Laxman Cement (P) Limited

Tree House Education and Accessories Limited Vs Sheth Developers Pvt. Ltd. and 5 Ors.