Plaintiff in a Commercial Admiralty Suit sought withdrawal following receipt of a full and final settlement sum from the Defendant under a Settlement Agreement dated March 31, 2017.
Suit disposed of as withdrawn.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL JURISDICTION COMMERCIAL ADMIRALTY SUIT NO. 245 OF 2017
THE GREAT EASTERN SHIPPING CO. LTD …PLAINTIFF
VERSUS
MV CHANDI PRASAD (IMO No. 8804098)
& ANR. …DEFENDANTS
Mr. Ruchir Goenka i/b Bose & Mitra & Co., Advocates for the Plaintiff.
None for Defendant
CORAM:-S.J.KATHAWALLA, J. Dated :- 4th May, 2017
P.C:-
1.Learned Advocate for the Plaintiff submits the following:
i.The Plaintiff entered into a Settlement Agreement with the
Defendant dated 31st March 2017, to settle the above
Commercial Admiralty Suit for a sum of USD 156,084.00
(INR 1,01,67,312.00), which agreement has been taken on
record and which forms part of the Order dated 1st April 2017.
ii.The payments under the Settlement Agreement were to be
made in two installments. Payment of the first installment
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amounting to a sum of INR 50,62,340.00 was received on 1st
April, 2017. The second installment was payable by 30th April,
2017.
iii.The Plaintiff has on 29th April, 2017 received the second
installment for a sum of INR 51,04,972 and the claim has been
settled in full.
iv. In light of receipt of the full and final settlement sum, the Plaintiff seeks to withdraw the above Commercial Admiralty Suit.2.The Plaintiff undertakes to pay Sheriff’s poundage for the remaining settlement sum received by them as per High Court Rules within 3 weeks from today.3.The Plaintiff is allowed to withdraw the Suit. The above Commercial Admiralty Suit is disposed of as withdrawn.4.Refund of Court Fees, if any, as per rules.( S.J. KATHAWALLA, J. )
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S.J. Kathawalla
As recorded by the court registry
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