1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY & VICE ADMIRALTY JURISDICTION ADMIRALTY SUIT LOD.NO.3396 OF 2009 Ruby Maritime Pte. Ltd. .. Plaintiff Versus m.v.Waadhee Progress .. Defendant Mr.Manoj Khatri for plaintiff. CORAM : S.C.DHARMADHIKARI, J. DATE : November 13, 2009. P.C.: 1] This is a suit on lodging number. Since the urgency was pointed out and matter was mentioned out of turn on 10th November 2009, this Court passed an order of arrest of the defendant vessel. It is stated that the order was duly communicated and the vessel has not left Indian waters. In these circumstances, the matter is once again mentioned today and it is pointed out that from the date the vessel was arrested and thereafter, negotiations were held, ultimately the claim of plaintiff is settled by the defendant. 2] It is pointed out that the claim was admitted claim. There being no 2 dispute, ultimately the defendant came forward and settled it. The plaintiffs are satisfied with the outcome of the negotiations and since the suit claim is paid in full, Mr.Khatri appearing for plaintiffs, states that he has instructions to apply for withdrawal of the suit. 3] While mentioning this matter for withdrawal out of turn, Mr.Khatri states that he has taken due care and precaution and personally inspected the Caveat Register. There is no caveat filed against release of this vessel. The caveat register is produced and my attention is invited to the relevant extracts thereof. Furthermore, my attention is also invited to Bombay High Court (OS) Rules, more particularly Rule 954 which permits the plaintiffs to apply for withdrawal of the suit if no vakalatnama is filed on behalf of defendants. 4] Considering the peculiar factual position and finding that there are no claims lodged against release of defendant vessel, it is directed that the suit is allowed to be withdrawn and dismissed for want of prosecution. There will be no costs. Refund of court fees as per rules. The vessel shall be released forthwith on production of authenticated copy of this order. All concerned authorities, Port and Customs, shall act on a fax 3 copy of this order. Instrument of release is dispensed with. Plaintiff undertakes to pay Sheriff’s poundage. (S.C.DHARMADHIKARI, J)