Bombay High Court
Polestar Maritime Ltd vs M.V. Qi Lin Men And 2 Ors on 21 March, 2023
Author: B.P.Colabawalla
Bench: B. P. Colabawalla
1.ADMS.32.17.DOCX
Aswale
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 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withdrawn.
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1.ADMS.32.17.DOCX 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counsel appearing on behalf of the Plaintiff, and considering these circumstances, the above Suit is dismissed as withdrawn.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 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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