Quashed

Birla Corporation Ltd. v. the O/P Interested in the Vessel Mv Hermann Schepers & Anr.

Calcutta HC28 Sept 2021AS/4/2017

Case brief

AI extract

What is this about?

A settlement was reached by the parties in an admiralty matter. The Court directed the Registrar to encash a fixed deposit and pay the plaintiff according to settlement terms, while remitting the balance to the defendants' foreign counsel.

What did the court decide?

Decree passed in terms of settlement filed; Registrar directed to encash fixed deposit and pay plaintiff as per settlement terms.

Birla Corporation Ltd. Vs the O/P Interested in the Vessel Mv Hermann Schepers & Anr. — Calcutta HC (2021) — LawSathi Research

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OD- 2

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AS/4/2017 IA NO: GA/3/2018 (OLD NO: GA/3105/2018) GA/5/2019 IN THE HIGH COURT AT CALCUTTA ADMIRALTY JURISDICTION ORIGINAL SIDE

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BIRLA CORPORATION LTD. VERSUS

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THE O/P INTERESTED IN THE VESSEL MV HERMANN SCHEPERS AND ANR.

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BEFORE:

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The Hon'ble JUSTICE SHEKHAR B. SARAF Date : 28^th September, 2021. [Via Video Conference]

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Appearance: Mr. Sarvapriya Mukherjee, Adv. Mr. Debraj Sahu, Adv. Ms. Debjani Ghosh, Adv. Mr. Bhaskar Mukherjee, Adv. Ms. Nafisa Yasmin, Adv. . . .for the plaintiff.

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Mr. Shashwat Nayak, Adv. Ms. Alakananda Das, Adv. . . .for the defendants.

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The Court: Heard counsel appearing for the parties.

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Submission is made on behalf of both the parties that the matter has been settled between the parties in terms of the terms of settlement.

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The Terms of settlement filed in Court today be taken on record. The terms of settlement is signed by the parties and the advocates on record.

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In light of the same, decree may be passed in line with the terms settled between the parties at paragraph 6 of the terms of settlement. The decree shall incorporate the terms as mentioned in the terms of settlement.

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In that view of the matter, I direct the learned Registrar, Original Side to encash the fixed deposit and immediately pay the plaintiff the amount as per the terms of settlement and the balance after adjustment of any other dues under the Original Side Rules to Mrs. Alamananda Das, the Advocate on Record of the defendants with a direction upon the said Advocate on Record to remit in compliance with all formalities, after all permissible deductions, to their foreign client.

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In view of the settlement between the parties, AS/4/2017 be decreed in terms of the terms of settlement.

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IA NO. GA/3/2018 (OLD No. GA/3105/2018), GA/5/2019 are disposed of in terms of the terms of settlement filed in Court today.

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In view of the decree passed today, all pending applications are disposed of. The department is directed to draw up the decree as expeditiously as possible.

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(SHEKHAR B. SARAF, J.)

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Sp/

Birla Corporation Ltd. v. the O/P Interested in the Vessel Mv Hermann Schepers & Anr.

Case brief

What is this about?

What did the court decide?

Birla Corporation Ltd. v. the O/P Interested in the Vessel Mv Hermann Schepers & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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