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AS/5/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
ADMIRALITY
SUIT No. 5 of 2010
=========================================
BOHRA
INDUSTRIES LTD - Plaintiff(s)
Versus
M
V QUANG MINH 126 - Defendant(s)
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Appearance :
MS
PAURAMI B SHETH for
Plaintiff(s) : 1,MR MANAV A MEHTA for Plaintiff(s) : 1,
MR AS
VAKIL for Defendant(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 10/05/2010
ORAL
ORDER
1. Present
Suit has been preferred by the plaintiff Bohra Industries Limited
seeking arrest of vessel M.V.Quang Minh 126, for recovery of
Rs.4,09,11,178 as per the particulars of the claim at Exh.A to the
plaint together with interest at the rate of 12% per annum from the
date of filing of the suit till payment and/or realization.
2. By
order dated 05.03.2010 this Court passed an order of arrest of
defendant vessel and plaintiff was directed to furnish usual
Undertaking accompanied by deposit of Rs.10 lacs. It is reported that
an amount of Rs.10 lacs as directed by this Court vide order dated
05.03.2010 has been deposited by the plaintiff. That thereafter
O.J.C.A. No.162 of 2010 in Admiralty Suit No.5 of 2010 was submitted
by the plaintiff for amendment of plaint by adding paragraph 8A and
8B which came to be allowed by this Court vide order dated 08.04.2010
and plaintiff was permitted to amend the plaint.
3. Having
served with the order of arrest of defendant vessel, defendant
approached this Court by way of O.J.C.A.No.142 of 2010 for an
appropriate order to vacate unconditionally ex-parte order of arrest
of defendant vessel dated 05.03.2010 and by detail judgment and
order dated 08.04.2010 this Court partly allowed the said
application and on furnishing security in the form of bank guarantee
for an amount of Rs.43 lacs, defendant vessel was ordered to be
released from arrest.
4. It
is reported that against the judgment and order dated 08.04.2010
passed by this Court in O.J.C.A.No.142 of 2010, plaintiff approached
Division Bench by way of O.J.Appeal No.29 of 2010 and it is reported
that said Appeal is admitted and in Civil Application for interim
relief therein, order passed by this Court dated 08.04.2010 in
O.J.C.A.No.142 of 2010 has been modified and security for an amount
of Rs.43 lacs as ordered by this Court has been enhanced to Rs.60
lacs.
5. Today,
present Admiralty Suit has been placed on Board for an appropriate
order on the note filed by the learned Advocates for the respective
parties.
6. Mr.Manav
Mehta, learned Advocate appearing for the plaintiff has produced on
record purshis dated 10.05.2010 signed by the learned Advocates for
the respective parties permitting the plaintiff to withdraw said
Suit. Mr.Manav Mehta, learned Advocate for the plaintiff does not
press prayer made in clause 5 i.e. refund of Courts fess on
withdrawal of Suit.
7. In
view of above and purshis submitted and signed by the learned
Advocates for the respective parties, Admiralty Suit No.5 of 2010 is
dismissed as withdrawn unconditionally. As stated in the purshis that
there shall not be any claim against the defendant as per subject
matter made in the plaint. Registry is directed to return security of
Rs.10 lacs deposited by the plaintiff with the Registry pursuant to
the order dated 05.03.2010 passed by this Court by Account Payee
Cheque in the name of plaintiff Bohra Industries Limited.
Direct
service is permitted.
[M.R.Shah,J.]
satish
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