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Judgment
Bhargav D. Karia, J
Heard learned advocate Ms.Paurami B. Sheth for the plaintiff and learned advocate Mr.Dhruv Toliya for the defendant.
Order in Admiralty Suit No.27 of 2016 :
Learned Advocates for the parties have filed a Joint Purshish dated 1st December 2021 along with a copy of the settlement agreement dated 21st November 2021 and requested to pass orders in terms of the said Purshish. The said Purshish is taken on record and forms part of this order.
In view of joint Purshish filed, the suit is disposed of as withdrawn without effective hearing.
The counter claim filed through CA No. 1 of 2019 filed in Admiralty Suit No. 27 of 2016 is disposed off withdrawn unconditionally without effective hearing.
The Purshish also mentions that the Defendant had tendered an original Letter of Undertaking of the P&I Club, The Standard Club Europe Limited, for and on behalf of the Owners of the Defendant Vessel, for a sum of USD 700,000 towards without prejudice security for the claim in Admiralty Suit No. 1 of 2017 and also for the claim in the present suit. By an order dated 27th January 2017 this court has acknowledged the filing of the original Letter of Undertaking in the proceedings of Admiralty Suit No.1 of 2017 and that the said Letter of Undertaking shall also apply to the present suit. In light of the disposal of the present suit and the counter claim, the Letter of Undertaking stands released in the present suit and the registry is directed to return the original Letter of Undertaking of the P&I Club, The Standard Club Europe Limited to the Advocate on record for the Defendant Vessel within 10 days from this order.
The Registry is directed to refund permissible court fees in name of Advocate of the Plaintiff.
The Registry is directed to refund of permissible court fees in the name of the Advocate of the defendant paid for counter claim being CA No.1 of 2019 in AS No.26 of 2017.
Order in Admiralty Suit No.1 of 2017 :
Learned Advocates for the parties have filed a Joint Purshish dated 1st December 2021 along with a copy of the settlement agreement dated 21st November 2021 and requested to pass orders in terms of the said Purshish. The said Purshish is taken on record and forms part of this order.
In view of joint Purshish filed, the suit is disposed of as withdrawn without effective hearing.
The Purshish also mentions that the Defendant had tendered an original Letter of Undertaking of the P&I Club, The Standard Club Europe Limited, for and on behalf of the Owners of the Defendant Vessel, for a sum of USD 700,000 towards without prejudice security for the claim in in the present suit. By an order dated 27th January 2017 this court had taken on record the original Letter of Undertaking and had directed the Registry to keep the said original Letter of Undertaking in a sealed cover. In light of the disposal of the present suit, the registry is directed to return the original Letter of Undertaking of the P&I Club, The Standard Club Europe Limited to the Advocate on record for the Defendant Vessel within 10 days from this order.
The Registry is directed to refund permissible court fees in name of Advocate of the Plaintiff.