Dismissed

M/S Patanjali Foods Limited v. M T Windsor (Imo No 9542130)

Karnataka HC8 Sept 2023CP/367/2023

Case brief

AI extract

What is this about?

In an admiralty suit, the High Court dismissed the petitioner's application as withdrawn after the parties reached an out-of-court settlement. Consequently, the interim arrest order against the respondent vessel was dissolved and it was directed to be released from the port.

What did the court decide?

Civil petition dismissed as withdrawn; interim arrest order dissolved and vessel M.T. Windsor released.

M/S Patanjali Foods Limited Vs M T Windsor (Imo No… — Banking and Recovery | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC:32455 CP No. 367 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 8^TH DAY OF SEPTEMBER, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE S.G.PANDIT

¶7

CIVIL PETITION NO. 367 OF 2023

¶8

BETWEEN:

¶9

M/S. PATANJALI FOODS LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 601, PART B-2, 6^TH FLOOR, METRO TOWER VIJAY NAGAR, A B ROAD, INDORE MADHYA PRADESH-452010 REP. BY ITS AUTHORIZED SIGNATORY MR. PRITISH DAS. …PETITIONER (BY MS. MAITREYI BHAT, ADV. FOR SRI ARJUN RAO., ADV.)

¶10

AND:

¶11

Digitally signed by A K CHANDRIKA Location: HIGH COURT OF KARNATAKA

¶12

M T WINDSOR (IMO NO.:9542130) A FOREIGN VESSEL FLYING THE FLAG OF PANAMA IN HER OWNER AND ALL OTHER PERSONS CONNECTED AND/OR INTERESTED IN HER A CHEMICAL/OIL TAKNKERFLYING, TOGETHER WITH HER HULL, TACKLE BOATS MAHCINERY, EQUIPMENT, APPUTENACES AND ALL OTHER PARAPHENALIA PRESENTLY AT THE PORT AND HORBOR OF NEW MANGALORE WITHIN THE TERRITORIAL WATERS OVER WHICH THIS HON’BLE COURT EXERCISES JURISDICTION.

¶13

…RESPONDENT

¶14

¶15

NC: 2023:KHC:32455 CP No. 367 of 2023

¶16

THIS PETITION IS FILED UNDER SECTION 5 R/W SECTION 3 OF THE ADMIRALTY (JURISDICTION AND SETTLEMENT OF MARITIME CLAIMS) ACT, 2017 R/W ORDER VII RULE 1 R/W SECTION 26 OF THE CPC, 1908, PRAYING THAT THIS COURT MAY BE PLEASED TO PASS A JUDGMENT AND DECREE AS FOLLOWS: A) DIRECTING THE RESPONDENT VESSEL M.T.WINDSOR (IMO NO.9542130) AND / OR HER MASTER AND/OR HER OWNERS AND/OR MANAGERS AND/OR OPERATORS AND/OR ALL PERSONS INTERESTED IN HER TO PAY A SUM OF RS.82,89,741/- (RUPEES EIGHTY TWO LAKH EIGHTY NINE THOUSAND SEVEN HUNDRED FORTY ONE ONLY), BEING PRINCIPAL SUM OF 64,89,741/- (RUPEES SIXTY FOUR LAKH EIGHTY NINE THOUSAND SEVEN HUNDRED FORTY ONE ONLY) AND COST OF RS. 18,00,000 (RUPEES EIGHTEEN LAKHS ONLY) WITH INTEREST ON THE PRINCIPAL SUM OF RS. 64,89,741/-AT THE RATE OF 18% PER ANNUM FROM THE DATE OF INSTITUTION OF THE CLAIM TILL PAYMENT AND/OR REALIZATION AND ETC.

¶17

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶18

ORDER

¶19

Today at 10.30 a.m., a memo was filed to take up the matter at 2.30 p.m., so as to enable the petitioner to withdraw the civil petition as the dispute between the petitioner and respondent is settled amicably.

¶20

Heard learned counsel Ms.Maithreyi Bhat for Sri.Arjun Rao, learned counsel for the petitioner.

¶21

¶22

NC: 2023:KHC:32455 CP No. 367 of 2023

¶23

Learned counsel for the petitioner files a memo dated

¶24

08.09.2023 seeking leave to withdraw the petition and for a direction to release the respondent-Vessel at Mangalore Port from arrest.

¶25

Paragraphs 2 to 5 of the memo reads as follows:

¶26

“2. Thereafter, the parties have amicably settled the dispute and have entered into Settlement Agreement dated 07.09.2023 which is produced herewith as Document No.1. The owners of Respondent vessel have also issued letter dated 07.09.2023 regarding the settlement, and this is produced herewith as Document No.2. The owners of Respondent vessel through shipping agents have made payment of agreed sum to Petitioner as per payment advice dated 07.09.2023 which is produced herewith as Document No.3.

¶27

3. The Petitioner received the agreed payment for settlement of all disputes and has issued letter dated 07.09.2023 to its advocate communicating such receipt and issuing instructions for withdrawal of Petition and seeking the release of the Respondent vessel at New Mangalore port on urgent basis, which produced herewith as Document No.4.

¶28

4. In the aforesaid circumstances, it is humbly submitted, on instructions, that the dispute between

¶29

¶30

NC: 2023:KHC:32455 CP No. 367 of 2023

¶31

the Petitioner, and the Respondent vessel and her owner have amicably and finally settled and that no dispute remains as on date. As such, it is humbly prayed that the Petitioner may be kindly be permitted to withdraw the above Petition in interests of justice and equity.

¶32

5. Further, the Respondent vessel at New Mangalore port and her owner have informed Petitioner that the Respondent vessel is incurring huge costs as under arrest at New Mangalore port and have requested the Petitioner to seek specific orders from Hon'ble court for release from arrest. As such, the Petitioner humbly seeks to pass specific directions for release of the Respondent vessel at New Mangalore port from arrest and the registry may be directed to communicate such order through mail to the email address of the authority as specified at page 5 and 6 of the order of this Hon'ble Court dated 04.09.2023.”

¶33

Document No.2, letter dated 07.09.2023 of the registered owner of the respondent-Vessel m.t.WINDSOR (IMO No.9542130) indicates that the parties on negotiation settled the dispute. The letter would also indicates that as agreed the petitioner would take appropriate steps to withdraw the Civil Petition.

¶34

NC: 2023:KHC:32455 CP No. 367 of 2023

¶35

¶36

The civil petition is dismissed as withdrawn and interim order of arrest of respondent-Vessel M.T.WINDSOR (IMO No.9542130) is dissolved and Vessel M.T.WINDSOR is ordered to be released accordingly.

¶37

This order shall be communicated to the Port Authorities forthwith through e-mails.

¶38

Sd/JUDGE

¶39

MPK CT:bms List No.: 2 Sl No.: 1

M/S Patanjali Foods Limited v. M T Windsor (Imo No 9542130)

Case brief

What is this about?

What did the court decide?

M/S Patanjali Foods Limited v. M T Windsor (Imo No 9542130)

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

Similar cases

Devaraja Vs a.S.Manjappa Gowda

Smt. Gowramma Vs Smt. Lakshmamma

Smt. Sakamma Vs the Commissioner

K M Savithri Vs Kayarthodi a Padmavathi

Jayamma W/O Venkateshappa Vs Munemma W/O Narayanappa K

Smt. Poovarsi Vs S. Anand