APPL.441/2010 Acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY & VICE ADMIRALTY JURISDICTION APPEAL (LODG) NO. 441 OF 2010 IN ADMIRALTY SUIT (LODG) NO. 2061 OF 2010 Blue Light Star Marine Services Pvt. Ltd. ..Appellant (Orig. Plaintiff) Versus m.v. SWIFT CRO ...Respondent (Orig. Defendant) ---- Mr. Bimal Rajeshekhar i/b Mr. Ashwin Shankar, for Appellant. Mr. Manoj Khatri, Caveator. --- CORAM : MOHIT S. SHAH, C.J. AND S.C. DHARMADHIKARI, J. DATE : 16th AUGUST, 2010. P.C. 1] In this appeal we passed an order of arrest of respondent-original defendant’s vessel. 2] The matter is mentioned and placed on board today because the learned counsel for the appellant-original plaintiff states that the claim of the appellant-original plaintiff in this suit has been duly settled. He states that he has instructions to apply for withdrawal of the the order of arrest. 3] When this application was placed before us, Mr. Khatri, learned Advocate for the the plaintiff in Admiralty Suit (L) no. 2371 of 2010 stated that respondent-defendant’s vessel has been 1 APPL.441/2010 arrested by an order dated 11.8.2010 passed in the Admiralty Suit (L) no.2371 of 2010, therefore, any order that may be passed today should not affect the plaintiff in the said Admiralty suit nor the order of arrest should be taken to have been vacated in the light of the order to be passed by us on the appellant’s plea. 4] There was a caveat against the release of the subject vessel filed by M/s Peninusula Petroleum Ltd. the plaintiff in Admiralty Suit (L) No.2371 of 2010. Since the plaintiff-Peninusula Petroleum Ltd. has applied for order of arrest and the learned Single Judge of this Court had directed arrest of respondent- defendant’s vessel in this suit, needless to state that any order that may be passed in this appeal will not affect the rights of the plaintiff-Peninusula Petroleum Ltd. or any other caveator. 5] In the light of the instructions received by the learned counsel for the appellant-original plaintiff, and considering the fact that the claim has been settled by the respondent-original defendant, the appeal is allowed to be withdrawn. Order of arrest made in the appeal stands vacated subject to above. No costs. CHIEF JUSTICE S.C. DHARMADHIKARI, J. 2