Plaintiff sought to withdraw an admiralty suit and vacate an arrest order after settlement. The court permitted withdrawal, vacated arrest, and released the vessel.
Suit allowed to be withdrawn; order of arrest vacated; Defendant vessel released from arrest; Instrument of Release dispensed with.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ADMIRALTY AND VICE ADMIRALTY JURISDICTION
ADMIRALTY SUIT (L) NO. 243 OF 2017
World Fuel Services Trading DMCC- Plaintiff
versus
m.v. LEWEK SWIFT – Defendant
Mr. Shivam Singh a/w Mr. Bimal Rajasekhar and Mr. Vikrant Shetty for the Plaintiff
None for the Defendant
CORAM:- S.J. Kathawalla, J.
DATE :- 11th April, 2017
P.C.
1. Mentioned. Not on board. Taken on board.
2. Learned Advocate for the Plaintiff states that the Plaintiff’s claim is settled, that he wishes to vacate the order of arrest dated 7th April 2017 and to withdraw the
suit. Learned Advocate for the Plaintiff further states that there is no caveat against
release. Learned Advocate for the Plaintiff also undertakes to pay the balance court-
fee within two days.
3. In view of the same, the suit is allowed to be withdrawn, the order of arrest is vacated, and the Defendant vessel m.v LEWEK SWIFT stands released from arrest. Refund of Court Fees as per Rules. Poundage payable by the Plaintiff as per Rules.
4. Instrument of Release dispensed with. All concerned authorities, Port and
Customs to act on a copy of the order duly authenticated as True Copy by the
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ssp
Associate of the Bombay High Court. The Plaintiff is at liberty to communicate this
order by fax/email to all concerned.
(S.J. Kathawalla, J.)
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ssp
World Fuel Services Trading DMCC
m.v. LEWEK SWIFT
S.J. Kathawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court