The court allowed the withdrawal of the admiralty suit and vacated the order of arrest on the defendant vessel following an out-of-court settlement between the parties.
Suit allowed to be withdrawn; Order of Arrest dated 3rd December 2013 is vacated; MV Med Bridge is released.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
adml.st.1077.13.doc
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
ADMIRALTY SUIT (L) NO. 1077 OF 2013
Daelim Corporation.....Plaintiff
Versus
M. V. Med Bridge and others.....Defendants
____________
Ms. Shivani Shah i/b Bhatt and Saldanha for the Plaintiff.
Mr. Aditya Krishnamurthy, Mr. Nihal Shaikh i/b Bose & Mitra & Co.
for Defendant No. 1.
CORAM: G. S. PATEL, J. Vacation Court.
DATED : JANUARY 3, 2014.
P.C.:
Not on board. Mentioned. Taken on Board.
2.The Plaintiff and the Defendants tender a consent minutes
of the order. It is agreed that the suit has been settled between the
parties. A photocopy of the settlement agreement dated 2nd January,
2014 is taken on record and marked 'X' for identification. In view
thereof, I pass the following order:
(I)The 1st Defendant vessel was arrested pursuant to an
order dated 3rd December 2013, passed by this
Hon’ble Court for securing the Plaintiff’s claim in
the suit.
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adml.st.1077.13.doc
Shephali
(II) The Plaintiff and the owners of the Defendant No.1 Vessel have now arrived at an out of court settlement vide Settlement Agreement dated 2 January 2014 , a copy whereof is annexed to this order and marked “X” for identification as aforesaid.(III) In view of the settlement having been arrived at between the parties the Order of Arrest dated 3rd December 2013, is hereby vacated and the 1st Defendant vessel to stand forthwith released from the Order of Arrest.(IV) There are no Caveats against Release of the 1st Defendant vessel MV “Med Bridge”. In view of the same, the Prothonotary & Senior Master’s Certificate to be dispensed with.(V) Instrument of release is dispensed with.(VI) All concerned authorities including Port and Customs Authorities at Mumbai to act on an ordinary copy of this Order duly authenticated by the Associate of this Court.(VII)Liberty to communicate the Order by fax/e-mail to all concerned authorities.2 of 3
adml.st.1077.13.doc
Shephali
(VIII)Plaintiff’s Advocate undertakes to pay Sheriff’s
poundage of the Indian Rupee equivalent of USD
6,000 within 10 days from today.
(IX) The Plaintiff withdraws this suit and return of court fees as per the Rules of this Court.(X) In view of the same, the Suit is allowed to be withdrawn, the Notice of Motion (Lodg.) No. 2465 of 2013 is also withdrawn and the order of arrest dated 3rd December 2013 stands vacated.(XI) All concerned to act on a copy of this order duly authenticated by the Personal Assistant of this Court.(G. S. PATEL, J.)
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1 provisions across 1 enactments
G. S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court