The single judge decreed the suit based on voluntarily executed consent terms, recalled a prior arrest order, and permitted the departure of the defendant's vessel after verifying the absence of a caveat.
Suit decreed on consent terms; arrest order recalled; vessel allowed to sail; court fees refunded.
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SWAROOP Digitally signed bySWAROOP SHARAD SHARAD PHADKE PHADKE Date: 2022.10.1118:29:45 +0530
10 comas 34 of 2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION COMM. ADMIRALTY SUIT NO.34 OF 2022
United India Marine Services and and Ors. …Plaintiffs
Versus
M.V.Halani 6 and Ors.
.. . DefendantsMr. Abhishek Khare with Mr. R.P.Shirole i/by Khare Legal for Plaintiffs.
Mr. Siddharth Manek i/by Crawford Bayley and Co., for Defendants.
CORAM: N.J.JAMADAR, J.
DATE: 11th OCTOBER, 2022
P.C.:
1.Heard the learned Counsel for the parties. The learned Counsel submit
that the parties have amicably resolved the dispute and Consent Terms have also been
executed. The learned Counsel seek leave to tender Consent Terms.
2. Leave granted.
3. Mr. Kamlesh Kumar, Director of Plaintiff No.1 is present in Court. Mr.
Jayesh Hasrajani, Director of Defendant No.2 is also present in Court. They admit
the contents of the consent terms and execution thereof. They are identified by their
respective Advocates. Upon being inquired, the parties submit that they have
executed the consent terms out of their own volition.
4.It seems that the consent terms have been executed voluntarily and there
does not seem to be any coercion or duress.
SSP 1/2
10 comas 34 of 2022.doc
5. Hence, the Consent Terms are taken on record and marked ‘X’.
6. The Suit stands decreed in accordance with the Consent Terms, ‘X’.
The Consent Terms shall form part and parcel of the decree.7. The Plaintiffs are entitled to refund of Court fees, if any, as per rules.
8. In view of the settlement of the dispute in accordance with the Consent
Terms, the order of arrest dated 10th May, 2022 stands recalled.9.The Admiralty Registrar has submitted a report to the effect that caveat
warrant book against release of the Defendant No.1 Vessel has been verified and there
is no caveat against the release of the Defendant No.1 vessel as of 1.40 p.m. In view of
the above, the authorities including Port Trust, shall allow the Defendant No.1 Vessel
to sail.
( N.J.JAMADAR, J. )
SSP 2/2
N.J. JAMADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court