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AS/21/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
ADMIRALITY
SUIT No. 21 of
2009
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GULF
AND CONTINENTAL BUNKER FUELS CO LTD BVI - Plaintiff(s)
Versus
M
V ST PETER (FORMERLY NAMED ST LUKE) - Defendant(s)
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Appearance :
MS
PAURAMI B SHETH for
Plaintiff(s) : 1,
MR DHAVAL M BAROT for Defendant(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE D.A.MEHTA
Date
: 20/01/2010
ORAL ORDER
1. Learned
Advocate for the plaintiff has filed the following purshis dated
19.01.2010 :-
The
plaintiff has filed aforesaid suit inter-alia for arrest of the
defendant vessel. By order dated 15.1.2010, this Hon’ble Court has
directed to arrest her presently lying at Kandla. Accordingly the
vessel has been taken under arrest in pursuance of the order dated
15.1.2010.
The
plaintiff has amicably settled the matter with the owners of
defendant outside the Court. As per the agreement the owner/vessel
had to pay USD 150000.00 forthwith and USD 150000.00 within 14 days
thereof and on payment of the first installment of USD 150000.00 the
plaintiff has to get the vessel released and on payment of second
installment of USD 150000.00 within 14 days the plaintiff has to
withdraw the suit.
The
plaintiff has received the payment of first installment of USD
150000.00 and hence has to apply for release of the vessel and get
her released from the arrest order dated 15.1.2010. In that view of
the matter presently appropriate orders for release of the vessel
arrested in pursuance of the order dated 15.1.2010 is required to be
passed.
2. Accordingly,
in light of the settlement between the parties the order of arrest
made on 15.01.2010 is hereby vacated. The Port Officer, Kandla and
the Customs Authorities be informed accordingly. Direct service by
Facsimile message is permitted.
3. Suit
to be listed on 05.02.2010.
(D.A.
MEHTA, J.)
zgs/-
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