Disposed

Somap International Pte. Ltd. v. M. v Esi Anax (Imo No. 9214587) and Orange Walk Corporation

Bombay HC8 Apr 2019COMAS/49/2018

Case brief

AI extract

What is this about?

The plaintiff in Admiralty Suit No.49 of 2018 applied to withdraw the suit after settling the dispute. The court allowed the withdrawal, vacated the arrest order, and released the defendant vessel M.V.ESI ANAX without requiring a warrant of release.

What did the court decide?

Allowance of suit withdrawal; vacation of arrest order; release of defendant vessel; refund of court fees.

Somap International Pte. Ltd. Vs M. v. Esi… — Civil Procedure and Limitation | Bombay HC (2019)

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M comas 49 of 2018.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION ADMIRALTY SUIT NO.49 OF 2018

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…
Somap International Pte Ltd. Plaintiff
versus
M.V.ESI ANAX & Anr. …Defendants

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Ms. Dhavani Vora I/by M/s. Crawford Bayley and Co., for Plaintiff.
None for Defendants.

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CORAM: S.J. KATHAWALLA, J.

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DATE: 8th APRIL, 2019

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P.C.:

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1. Not on board. Upon mentioning, taken on board.

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2. The Learned Counsel appearing for the Plaintiff states that the disputes

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between the parties have been duly settled and the Plaintiff wishes to withdraw the

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suit. Accordingly, the Suit is allowed to be withdrawn. The Learned Counsel
appearing for the Plaintiff also submits that there is no Caveat against Release of the
Defendant Vessel.

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3. In view of the statement made by the Learned Counsel for the Plaintiff, the Order of Arrest dated 30^th August, 2018, stands vacated and the Defendant vessel M. V. ESI ANAX, stands forthwith released from arrest.

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4. Warrant of release dispensed with.

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5. The Plaintiff undertakes to pay poundage on the entire Suit claim to the

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1/2

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ssp

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M comas 49 of 2018.doc

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Sheriff of Mumbai as per Rules, within two weeks from today.

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6. The Plaintiff is at liberty to communicate this Order to the Office of Sheriff

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of Mumbai as also to all Port / Customs Authorities by Fax / Email / Hand Delivery /
RPAD.

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7. All concerned parties to act on an ordinary copy of this Order, duly authenticated by the Associate of this Court.

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8. In view of the above, the Suit is disposed of as withdrawn. Refund of Court Fees as per Rules.

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( S.J.KATHAWALLA, J. )

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2/2

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ssp

Somap International Pte. Ltd. v. M. v Esi Anax (Imo No. 9214587) and Orange Walk Corporation

Case brief

What is this about?

What did the court decide?

Somap International Pte. Ltd. v. M. v Esi Anax (Imo No. 9214587) and Orange Walk Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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