Plaintiff claimed USD 35,000 in settlement. Suit withdrawn. Arrest order vacated. Defendant vessel released. Plaintiff to pay poundage.
Suit withdrawn; arrest order vacated; vessel released to sail.
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M comas 40 of 2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION ADMIRALTY SUIT NO.40 OF 2018
All Cargo Logistics Ltd.
… Plaintiffversus
M.V.ESI ANAX
… DefendantMr. Abhimanyu Singh with Ms. Aparna Sinha I/by Ms. S. Priya, for Plaintiff.
None for Defendant.
CORAM: S.J. KATHAWALLA, J.
DATE: 8th APRIL, 2019
P.C.:
1. Not on board. Upon mentioning, taken on board.
2. The Learned Advocate appearing for the Plaintiff states that the Plaintiff has
received an amount of USD 35,000.00 in full and final settlement of the Suit claim
and the Plaintiff wishes to withdraw the Suit. Accordingly, the Suit is allowed to be
withdrawn. The Learned Advocate appearing for the Plaintiff also submits that there is
no Caveat against Release of the Defendant Vessel.
3. Order of Arrest dated 12th March, 2018, stands vacated and the Defendant
vessel M. V. ESI ANAX, stands forthwith released from arrest, and is permitted to sail
out. Instrument of release dispensed with.
4. The Plaintiff undertakes to pay poundage within two days from today.
5. The Plaintiff is at liberty to forward a copy of the communication from the
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M comas 40 of 2018.doc
office of Sheriff of Mumbai along with a copy of this Order by Fax / Email / Hand
Delivery / RPAD to Port / Customs Authorities.
6. All concerned including the Ofce of Sherif fi of Mumbai to act on an f ordinary copy of this Order duly authenticated by the Associate/PS/PA of this Court.
7. Refund of Court Fees in favour of the Plaintiff as per Rules.
8. No order as to costs.
( S.J.KATHAWALLA, J. )
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S.J. Kathawalla
As recorded by the court registry
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