O/AS/10/2017 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD ADMIRALITY SUIT NO. 10 of 2017 ========================================================== EATON CORPORATION LP....Plaintiff(s) Versus M V PACIFIC BREEZE (IMO: 8617926)....Defendant(s) ========================================================== Appearance: MR MANAV A MEHTA, ADVOCATE for the Plaintiff(s) No. 1 MR. JAIMIN R DAVE, ADVOCATE for the Plaintiff(s) No. 1 UNSERVED-REFUSED (N) for the Defendant(s) No. 1 ========================================================== CORAM: HONOURABLE MR.JUSTICE BIREN VAISHNAV Date : 18/05/2017 ORAL ORDER
1. Learned Advocate Mr. Jaimin R. Dave has filed a pursis and submitted that Plaintiff has settled the claim forming part of the subject matter of present suit amicably outside this Court. It is further submitted that plaintiff has received payment in accordance with the terms of settlement with the Defendant Vessel and/or its charterer/Despondent Owner.
2. Under the circumstances, advocate for the plaintiff seeks permission to withdraw the suit unconditionally and vacate the order of arrest dated 06.05.2017. The plaintiff further requests for refund of court fees in the name of Advocate in accordance with law.
3. The pursis filed by the Learned Advocate Mr. Jaimin R.
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Dave appearing for the Plaintiff is taken on record.
4. In view of the fact that the claim forming part of this Admiralty Suit has been amicably settled outside the court between the parties it will be in the fitness of things and interest of justice to vacate the order of arrest dated 06.05.2017 passed by this Court. Accordingly, it is ordered that a. Arrest order against the Defendant Vessel is vacated forthwith.
b. Court fees paid by the Plaintiff is directed to be refunded in the name of Advocate of the Plaintiff in accordance with law.
5. Learned Advocate for the plaintiff is permitted to withdraw the suit unconditionally. Suit is disposed off as withdrawn.
6. It will be open for the Plaintiff to communicate the above order by fax message/ Email at their own cost and the Port and Customs authorities at Bhavnagar/Alang. The Port and Customs authorities at Bhavnagar/Alang are directed to act on fax/Email message with an ordinary copy of the Order.
Direct Service today is permitted.
(BIREN VAISHNAV, J.) divya Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri May 19 00:02:15 IST 2017