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AS/9/2004 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
ADMIRALITY
SUIT No. 9 of 2004
WITH
CIVIL
APPLICATION No. 223 of 2007
In
ADMIRALITY
SUIT No. 9 of 2004
===================================
GAYATHRI
TIMBER INDUSTRIES - Plaintiff
Versus
M.V.
AFRICAN TRADER & 5 - Defendant
===================================
Appearance
:
MR
DHAVAL M BAROT for Plaintiff.
MR AS VAKIL for Defendant No. 1.
SERVED BY RPAD - (N) for Defendant(s) : 2 - 3.
NOTICE UNSERVED
for Defendant(s) : 4,
MR KIRTIDEV R DAVE for Defendant(s) : 5,
MR
RAHUL K DAVE for Defendant(s) : 5,
NOTICE NOT RECD BACK for
Defendant(s) : 6,
===================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 29/09/2010
ORAL ORDER
Heard
Mr. Dhaval M. Barot, learned advocate appearing for the plaintiff
and Mr. A. S. Vakil, learned advocate appearing for the defendant
No.1 Vessel.
Mr.
Barot, at the outset, submits that the plaintiff has made the prayer
only against the defendant No.1 Vessel and though other
defendants are joined, no prayer is made against them. Since the
matter is settled with the defendant No.1 Vessel, he seeks leave
to delete other defendants. Permission as prayed for is granted.
Mr.
Barot places on record the consent terms arrived at between the
plaintiff and the defendant No.1 Vessel. As per the consent
terms, the parties have agreed to the following terms and in view of
this terms, the dispute between them was settled out of Court :-
The principal amount of Rs.46,14,967/- together
with the interest accrued thereon till date, lying deposited with
the Citi Bank to the credit of the captioned suit be paid over to
the defendant No.1. The plaintiffs and the defendant further agree
and have no objection of the cheque for the said amount is issued in
favour of M/s. Crawford Bayley & Co. Advocates and
Solicitors of the defendant No.1.
M/s.Crawford Bayley & Co. will remit the sum of
USD 1,05,821.05 to the defendant’s Account. The balance of the
amount would be paid over to the plaintiffs.
The original Bank Guarantee referred to in paragraph
No.5 hereinabove shall be returned back to the plaintiffs for
cancellation.
The plaintiffs and the defendants agree and confirm
that there is no claim between the parties. The defendant’s to
apply for necessary permission with Reserve Bank of India for
remitting the said amount.
The
above consent terms duly signed by the plaintiff and defendant No.1
and their respective Counsels is taken on record.
Registry
is directed to disburse the amount as referred to in paragraph 7 (A)
along with interest accrued thereon in favour of the defendant No.1
Vessel, after its withdrawal from the Citi Bank. The registry
shall take prompt action in the matter and see to it that the amount
should be disbursed forthwith.
This
suit is accordingly disposed of in terms of the above consent terms.
In
view of the disposal of the suit, Civil Application preferred
therein no longer survives and it is accordingly disposed of.
Liberty
to apply in case of difficulty.
Sd/-
[K. A. PUJ, J.]
Savariya
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