M/S. Patanjali Foods Limited A Company Incorporated Under The Provisions Of The Companies Act, 1956 vs M T Windsor (Imo No.:9542130) A Foreign Vessel Flying The Flag Of Panama In Her Owner And All Other Persons Connected And/Or Interested In Her A Chemical/Oil Aknkerflying, Together With Her Hull, Tackle Boats Mahcinery, Equipment, Apputenaces And All Other Paraphenalia Presently At The Port And Horbor Of New Mangalore Within The Territorial Waters Over Which This Hon�ble Court Exercises Jurisdiction

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S.G. Pandit, J

Today at 10.30 a.m., a memo was filed to take up the matter at 2.30 p.m., so as to enable the petitioner to withdraw the civil petition as the dispute between the petitioner and respondent is settled amicably.

Heard learned counsel Ms.Maithreyi Bhat for Sri.Arjun Rao, learned counsel for the petitioner.

Learned counsel for the petitioner files a memo dated 08.09.2023 seeking leave to withdraw the petition and for a direction to release the respondent-Vessel at Mangalore Port from arrest.

Paragraphs 2 to 5 of the memo reads as follows:

“2. Thereafter, the parties have amicably settled the dispute and have entered into Settlement Agreement dated 07.09.2023 which is produced herewith as Document No.1. The owners of Respondent vessel have also issued letter dated 07.09.2023 regarding the settlement, and this is produced herewith as Document No.2. The owners of Respondent vessel through shipping agents have made payment of agreed sum to Petitioner as per payment advice dated 07.09.2023 which is produced herewith as Document No.3.

The Petitioner received the agreed payment for settlement of all disputes and has issued letter dated 07.09.2023 to its advocate communicating such receipt and issuing instructions for withdrawal of Petition and seeking the release of the Respondent vessel at New Mangalore port on urgent basis, which produced herewith as Document No.4.

In the aforesaid circumstances, it is humbly submitted, on instructions, that the dispute between the Petitioner, and the Respondent vessel and her owner have amicably and finally settled and that no dispute remains as on date. As such, it is humbly prayed that the Petitioner may be kindly be permitted to withdraw the above Petition in interests of justice and equity.

Further, the Respondent vessel at New Mangalore port and her owner have informed Petitioner that the Respondent vessel is incurring huge costs as under arrest at New Mangalore port and have requested the Petitioner to seek specific orders from Hon'ble court for release from arrest. As such, the Petitioner humbly seeks to pass specific directions for release of the Respondent vessel at New Mangalore port from arrest and the registry may be directed to communicate such order through mail to the email address of the authority as specified at page 5 and 6 of the order of this Hon'ble Court dated 04.09.2023.”

Document No.2, letter dated 07.09.2023 of the registered owner of the respondent-Vessel m.t.WINDSOR (IMO No.9542130) indicates that the parties on negotiation settled the dispute. The letter would also indicates that as agreed the petitioner would take appropriate steps to withdraw the Civil Petition.

The civil petition is dismissed as withdrawn and interim order of arrest of respondent-Vessel M.T.WINDSOR (IMO No.9542130) is dissolved and Vessel M.T.WINDSOR is ordered to be released accordingly.

This order shall be communicated to the Port Authorities forthwith through e-mails.