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Bravo Energy Ltd. Vs M.T.Gemina Imo 9083316 — Banking and Recovery | Bombay HC (2015)

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Bombay HC
2015
Bravo Energy Ltd. Vs M.T.Gemina Imo 9083316Bravo Energy Ltd. v. M.T.Gemina Imo 9083316

Dismissed

Bravo Energy Ltd. v. M.T.Gemina Imo 9083316

Bombay HC25 Aug 2015ADMS/92/2015

Case brief

AI extract

What is this about?

The suit by Bravo Energy Ltd. against vessel m.t. Gemina was allowed to be withdrawn by the Bombay High Court upon mention of an out-of-court settlement. The arrest order was vacated and the vessel released forthwith without a formal release instrument.

What did the court decide?

Suit allowed to be withdrawn with refund of court fees; Order of Arrest vacated and vessel released forthwith.

What the court decided

AI extract

Outcome

Suit allowed to be withdrawn with refund of court fees; Order of Arrest vacated and vessel released forthwith.

Detailed headnote1 paragraphs

Admiralty Suit withdrawn by the Plaintiff upon stating that the matter was settled out of court. The Court allowed withdrawal with refund of court fees, vacated the Order of Arrest, and ordered release of the vessel forthwith without issuing a formal release instrument due to urgency.

A compact analysis

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.

A

Nitin

1 / 2 MNOB-ADMS-831-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN ITS ADMIRALTY AND VICE ADMIRALTY JURISDICTION ADMIRALTY SUIT (L) NO. 831 OF 2015

Bravo Energy Ltd. … Plaintiff V/s.

m.t. "Gemina” IMO 9083316

… Defendant

Mr. Rahul Narichania, a/w. Advocate Ms. Pratiksha Avhad, for Plaintiff. None for Defendant.

CORAM : S.J. KATHAWALLA, J. DATE : 25TH AUGUST, 2015

P.C.

Mentioned. Not on board. Taken on board.

Counsel appearing on behalf of Plaintiff states that the matter is settled out of Court. The settlement amount is US$ 200,000 payable by the Defendant vessel. He prays for withdrawal of the Suit with refund of Court fees in favour of the Plaintiffs Advocates. The Suit accordingly is allowed to be withdrawn with refund of Court fees as per the High Court Rules. There will be no order as to costs.

The Sheriff’s poundage to be paid within four weeks from today.

The Order of Arrest dated 13^th August 2015 stands vacated. The Defendant vessel m.t. "Gemina” IMO 9083316” has to be released forthwith.

Nitin 2 / 2 MNOB-ADMS-831-2015

In view of the urgency, the formal instrument of Release is dispensed with.

The New Mangalore Port, Customs and all concerned authorities to act on an email/ Fax copy of the order duly authenticated by the Associate

of this Court.

( S.J. KATHAWALLA, J. )

Coram

AI extract

S.J. KATHAWALLA

Case details

As recorded by the court registry

Court: Bombay HC
Decided on: 25 Aug 2015 · August
Registered: 3 Oct 2015
Case no.: ADMS/92/2015
CNR: HCBM020226492015
Topic: Banking and Recovery
Bench: S.j. Kathawalla
Disposal: DISPOSED OFF

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Cite this judgement

Bravo Energy Ltd. v. M.T.Gemina Imo 9083316, ADMS/92/2015 (BOM), decided on 25 August 2015.

The Bombay High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

S.J. KATHAWALLA

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