Bombay High Court
Polestar Maritime Ltd vs M.V. Qi Lin Men And 2 Ors on 13 April, 2023
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
adms 32-17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ADMIRALTY AND VICE ADMIRALTY JURISDICTION
ADMIRALTY SUIT NO. 32 OF 2017
Polestar Maritime Ltd ..Plaintiff
Vs.
M. V. Qi Lin Men & Ors ..Defendants
Ms. Ridhi Nyati i/b Ruben Fernandes, advocates for the Plaintiff.
CORAM: B. P. COLABAWALLA, J
DATE : APRIL 13, 2023
P. C.
1.Mentioned. Not on board.
2. The matter is moved for speaking to the minutes of the order dated 21st March, 2023.
3. In paragraph 2, after the words "various orders of this Court", the words "together with interest accrued thereon, if any," shall be added.
4. No other correction is sought. The corrections shall be carried out in the original order as well as in the copy uploaded on the server. Page 1 of 3
APRIL 13, 2023 Laxmi ::: Uploaded on - 17/04/2023 ::: Downloaded on - 17/04/2023 23:09:36 ::: adms 32-17.doc
5. The Application for speaking to the minutes of the order is accordingly disposed of.
6. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
[ B. P. COLABAWALLA, J ].
For the sake of convenience, corrected order reads thus:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY AND VICE ADMIRALTY JURISDICTION ADMIRALTY SUIT NO. 32 OF 2017 Polestar Maritime Ltd ..Plaintiff Vs. M. V. Qi Lin Men & Ors ..Defendants Ms. Ridhi Nyati i/b Ruben Fernandes, advocates for the Plaintiff.
CORAM : B. P. COLABAWALLA, J
DATE : MARCH 21,2023
P. C.:
The learned counsel appearing on behalf of the Plaintiff submits that she has instructions to unconditionally withdraw the above Page 2 of 3 APRIL 13, 2023 Laxmi ::: Uploaded on - 17/04/2023 ::: Downloaded on - 17/04/2023 23:09:36 ::: adms 32-17.doc Suit. She however submitted that pursuant to several orders passed by this Court, the Plaintiff had furnished security for arrest of the Vessel. Eventually the Vessel was allowed to sail but the security was retained because the Defendants had filed a Notice of Motion for wrongful arrest. That Notice of Motion was dismissed on 28 th February, 2023. In these circumstances, she prayed that the security furnished by the Plaintiff be returned as now the Suit itself is being withdrawn. 2 Having heard the learned counsel appearing on behalf of the Plaintiff, and considering these circumstances, the above Suit is dismissed as withdrawn. The security furnished by the Plaintiff under various orders of this Court together with interest accrued thereon, if any, shall be returned to the Plaintiff within a period of three weeks from today. No order as to costs. Refund of Court Fees, if any, as per Rules. 3 This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
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