IN THE HIGH COURT OF JUDICATURE AT BOMBAY Admiralty and Vice Admiralty Jurisdiction Admiralty Suit (Ld) No.1296 of 2008 BHN Shipping Co. Private Limited ..Plaintiffs vs. 1. M.V.Sarku Semantan and others ...Defendants Mr.Vishal Sheth i/b Mr.Ashwin Shankar for plaintiffs. Mr.Rahul Narichenia with Mr.B.Palav i/b Amarchand Mangaldas and Suresh A.Shroff and Co. for Defendant nos. 1 and 4. CORAM S.C.DHARMADHIKARI J. CORAM S.C.DHARMADHIKARI J. CORAM S.C.DHARMADHIKARI J. 11th April, 2008 11th April, 2008 11th April, 2008 P.C. P.C. P.C. 1. Learned Advocate appearing for the plaintiffs makes a statement that within a period of one week from today all office objections shall be removed and requisitions in that behalf will be complied with. 2. Mr.Narichenia, learned Counsel states that M/s Amarchand Mangaldas and Suresh A.Shroff and Co. will file vakalatnama within a period of two weeks from today. 3. Mr.Narichenia appearing for the contesting defendant nos. 1 and 4 submits that the plaintiffs’ claim is principally against defendant nos. 1 and 4 and they have applied for vacating the order of arrest of the subject vessel. However, during the course of proceedings, negotiations took place between the plaintiffs and defendant nos. 1 and 4 and defendant nos. 1 and 4 have agreed to make a payment of US dollars 1,39,594/- out of the total claim of US dollars 1,85,640.71. Upon payment, on or before 19th April, 2008 and for balance to hold negotiations that this Court should proceed to record the undertakings as above and permit the vessel to sail. In other words, upon these undertakings vessel be released. 4. The plaintiffs have sought relief against defendant nos. 1 and 4 and they confirm the above statement. In such circumstances, they do not press the suit and it stands disposed of. 5. However, each of the above agreements and understanding have been recorded in writing and consent terms duly signed by the authorised signatory of the plaintiffs so also by Advocates for defendant nos. 1 and 4 and their authorised signatory are tendered before me. 6. The undertakings in clauses 2 and 3 are accepted. 7. In the light of the fact that there are no caveats filed against release of the vessel, which fact is demonstrated by producing the caveat warrant book, the consent terms are taken on record and marked "X" for identification. Order in terms of consent terms at X. 8. The suit stands disposed of. Refund of court fees as per Rules. No order as to costs. 9. This order is passed in presence of Mr.Rolin D’Souza , Off shore coordinator for defendant nos. 1 and and 4 and who has been authorised by defendant nos. 1 and 4. 10. All concerned including the Sheriff of Mumbai/Customs Department to act on authenticated copy of this order. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)