Disposed
Alexander the Great Carries Corp v. Mt Ninawa
Orissa HCADMLS/2/2020
Case brief
from the order text
What is this about?
2 of 2020 And I.A. No. 4 of 2020 05.…
What the court decided
AI extract
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ADMLS No. 2 of 2020
ADMLS No. 2 of 2020 And I.A. No. 4 of 2020
05. 12.06.2020
Heard Mr. S.J. Biswal, learned counsel for the plaintiff-petitioner.
This application has been filed by the plaintiffpetitioner through its authorized signatory Padmanav Parida with a prayer to withdraw the suit and also release the defendant-opposite party vessel upon communication to the Paradip Port Trust authorities.
It is contended by learned counsel for plaintiffpetitioner that the demise charterer of the defendant vessel, AISSOT has provided security in respect of the plaintiffpetitioner’s claim in arbitration and security by way of a Letter of Undertaking (LOU) provided by AISSOT’s London Solicitors, which the plaintiff-petitioner has accepted, being answerable to a final arbitration award, consequentially nothing survives in the suit to be adjudicated by this Court.
In view of the pleadings made in the interlocutory application and upon hearing learned counsel for the plaintiffpetitioner, the plaintiff-petitioner is permitted to withdraw the aforementioned suit.
It is open to the plaintiff’s advocate to communicate this order by fax message/e-mail and the authorities are directed to act on such fax or e-mail message along with an ordinary copy of the order duly authenticated by the Deputy Registrar (Judicial) of this Court or on production of certified copy of this order for release of defendant-opposite party
vessel immediately.
The I.A. is allowed and the suit stands disposed of as withdrawn.
Ashok
…………….…………… (DR. B.R. SARANGI) JUDGE
Applicant-Petitioner
Respondent
B.R. Sarangi
As recorded by the court registry
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