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Bombay High Court

K. Marine Agencies Private Limited vs Bahri Jazan (Imo No. 9620970) on 25 February, 2020

Author: K.R.Shriram

Bench: K.R.Shriram

                                            1/2                          comas-7-18(901).doc




                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                ADMIRALTY AND VICE ADMIRALTY JURISDICTION
                  COMMERCIAL ADMIRALTY SUIT NO.7 OF 2018
                                  WITH
                       JUDGES ORDER NO.257 OF 2017
                                  WITH
               COMMERCIAL NOTICE OF MOTION NO.1684 OF 2018
                                    IN
                  COMMERCIAL ADMIRALTY SUIT NO.7 OF 2018

K. Marine Agencies Private Limited                             ..Plaintiff
      Vs.
Bahri Jazan (IMO No. 9620970)                                  ..Defendant

Mr. Prathamesh Kamat i/b Mr. M. J. Dabholkar i/b A. Mehta Laljee and Co.
for Plaintiff
Mr. Shailesh Shukla a/w Mr. Siddhesh S Pradhan i/b J Sagar Associates for
Defendant

                                        CORAM : K.R.SHRIRAM, J.

DATE : 25th FEBRUARY 2020 P.C. :

1 Mr. Kamat appearing for plaintiff seeks leave to withdraw the suit.
2 The suit is dismissed as withdrawn. Refund of court fees in accordance with rules.
3 All interim applications stand disposed. All interim orders, if any, stand vacated.
4 Mr. Shukla appearing for defendant states that they have deposited a sum of Rs.2,53,43,000/- as security for release of defendant vessel. Mr. Shukla prays that the said amount together with accumulated interest, if any, be returned to defendant. Mr. Kamat has no objection.

Meera Jadhav ::: Uploaded on - 26/02/2020 ::: Downloaded on - 27/02/2020 22:44:21 ::: 2/2 comas-7-18(901).doc 5 The Prothonotary and Senior Master, High court, Bombay, is directed to return the amount so deposited together with accumulated interest, if any, to the party that has deposited the amount. Bank charges, if any, shall be deducted from the said amount. 6 Mr. Kamat for plaintiff states that plaintiff has not received any amount pursuant to the arrest and, therefore, no poundage is payable. Mr. Shukla for defendant confirms that no amount has been paid to plaintiff. In view thereof, Sheriff's poundage need not be paid. 7 All to act on authenticated copy of this order.

(K.R. SHRIRAM, J.) Meera Jadhav ::: Uploaded on - 26/02/2020 ::: Downloaded on - 27/02/2020 22:44:21 :::