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Gujarat High Court · body

2017 DIGILAW 1480 (GUJ)

Glander International Bunkering Pvt. Ltd. v. M. V. Pacific Green

2017-09-01

N.V.ANJARIA

body2017
ORDER : N.V. ANJARIA, J. The matter comes up on Board upon office note by the Registry. 2. Admiralty Suit No. 22 of 2015 came to be disposed of by order dated 07.01.2016 as the dispute was compromised as per purshis dated 07.01.2015 3. The relevant part of the order 07.01.2016 is extracted for ready reference, “2. Learned advocate Mr. Manav Mehta for the plaintiff and learned advocate Ms. Rujuta Oza for the defendant jointly stated that the compromise has been arrived at between the parties. In that regard, purshis dated 07.01.2015 signed by both the learned advocates on behalf of the respective parties is tendered. The purshis reads as under, “The plaintiff has filed aforesaid suit inter-alia for arrest of the defendant vessel M.V PACIFIC GREEN. By order dated 04.07.2015 this Hon’ble Court granted arrest of the defendant vessel. In pursuance of the said order the vessel has been taken under arrest on the same day. GM Shipping Co. Ltd. having interest in the Defendant vessel filed O.J C.A No. 489 of 2015 in Admiralty Suit No. 22 of 2015 permitting to deposit Rs. 1,25,95,733.88 ps. as security for releasing the vessel from arrest. This Hon’ble Court vide order dated 14.07.2015 directed the Registry to accept such money and released Defendant vessel from the order of arrest. The parties jointly state and submit that they have settled the matter out of Court and therefore the Plaintiff may be permitted to withdraw the suit and the amount of Rs. 1,25,95,733.88/- deposited with the Registry of this Court may be released in favour of Salvus Law Ltd. Hence appropriate orders of release of the vessel from the arrest order dated 29.10.2015 and release of money deposited with Registry are required to be passed. The said purshis is taken on record.” 4. This court issued notice and passed an order of arrest of the vessel. Thereafter, O.J Civil Application was moved by the defendant for securing the amount. As per the order passed in O.J Civil Application, the defendant was permitted to deposit Rs. 1,25,95,733.88 ps with the Registry of this court and the defendant-vessel was directed to be released from the order of arrest. 5. In view of settlement evidenced by the purshis and confirmed by learned advocates for the respective parties, the Suit is allowed to be withdrawn. Accordingly, the Suit stands disposed of, as withdrawn. 6. 1,25,95,733.88 ps with the Registry of this court and the defendant-vessel was directed to be released from the order of arrest. 5. In view of settlement evidenced by the purshis and confirmed by learned advocates for the respective parties, the Suit is allowed to be withdrawn. Accordingly, the Suit stands disposed of, as withdrawn. 6. The State Bank of India is directed to transmit Rs. 1,25,95,733.88 ps in US Dollar at the rate prevailing on the date of such transfer in the account of Salvus law Ltd. USD Account the details of which are given as under, Account name Salvus Law Ltd. USD Account Bank Account No. 00648209 Sort Code 16-63-00 Bank Name Royal Bank of Scotland Bank address Manchester, St Ann Square Branch P.O Box No. 320 Manchester M60 2SS IBAN Number GB52RBOS16630000648209 IBAN BIC RBOSGB2L” “The registry has received a letter dated-15/03/2016 & copy of mail dated-14/3/2016 (copies enclosed) stating that an amount of USD 1,94,739.47 (equivalent to Rs. 1,30,61,633”-) has already been transferred by Special NRI Branch, S.G Road, Ahmedabad, as ordered by the Honourable Court. Total amount of Rs. 3,746/- (Service Tax Rs. 2,546/- + T.T Charge Rs. 1,100/- + Postal Charge Rs. 100/-) towards charges are paid by the SBI, Gujarat High Court Complex Branch, Ahmedabad to complete the transaction on 14.03.2016”. 8. It was stated that the Chief Manager, SBI, Gujarat High Court Complex Branch, has requested to pay the amount of charges paid by the Bank. Therefore, the Nazir Department moved the matter as above. 9. Apropos the aforesaid submission, learned advocate Mr. Manav Mehta for the plaintiff makes a statement that the plaintiff will pay the amount of Rs.3,746/- which are transmission charges paid by the Bank. 10. Accordingly and in view of statement of learned advocate for the plaintiff, the amount shall be deposited with the Registry on or before 11.09.2017 The Registry shall thereafter pay the amount by transmitting the same to the Bank concerned. 11. The Note stands disposed of accordingly.