: 1 : SD IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY ADMIRALTY ADMIRALTY & VICE-ADMIRALTY JURISDICTION & VICE-ADMIRALTY JURISDICTION & VICE-ADMIRALTY JURISDICTION ADMIRALTY ADMIRALTY ADMIRALTY SUIT (L.) NO.3849 OF 2008 SUIT (L.) NO.3849 OF 2008 SUIT (L.) NO.3849 OF 2008 United Bunkering & Trading . (HK) Ltd. ...Plaintiffs V/s. m.v. SUN EXPRESS ...Defendants Mr.Prashant Pratap i/b. H.G. Pratap for the Plaintiffs. CORAM CORAM CORAM : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. DATE DATE DATE : 12TH JANUARY, 2009. : 12TH JANUARY, 2009. : 12TH JANUARY, 2009. P.C.: P.C.: P.C.: 1. Mentioned. Not on Board. 2. Mr.Prashant Pratap for the Plaintiffs seeks withdrawal of the Suit as the parties have settled the dispute out of Court. Hence the following order is passed : "O "O "O R D E R" R D E R" R D E R" (1). The suit is allowed to be withdrawn unconditionally as settled out of court. A copy of the Settlement Agreement dated 7th January, 2009 is taken on record and marked ’X’ for identification. : 2 : (2). The Defendant vessel m.v. SUN EXPRESS stands released from arrest and is permitted to sail on its outward journey. (3). Instrument of release is dispensed with. (4). Sheriff’s poundage to be paid at 1% of the settlement amount in equivalent Indian rupees by the Plaintiff. (5). Sheriff to act on a authenticated copy of the order and is permitted to communicate the release of the vessel by fax to all parties concerned. (6). Refund of court fees as per rules in favour of the Plaintiff’s Advocate. (7). Plaintiff’s Advocate undertakes to have the suit numbered within one week from today. : 3 : [A.V. [A.V. [A.V. NIRGUDE, J.] NIRGUDE, J.] NIRGUDE, J.]