*1* admsl.3212.2984.11.911.group.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ADMIRALTY SUIT (Lodging) NO.2984 OF 2011 M/s Bharat Petro. ..Plaintiff -versus- m.v. Gati Majestic and others. ..Defendants ALONG WITH ADMIRALTY SUIT (Lodging) NO.3212 OF 2011 Zest Marine Services Private Limited. ..Plaintiff -versus- m.v. Gati Majestic and others. ..Defendants ............ Mr.Ashish Kamat a/w Mr.Akshay Kolse Patil, Ms.Sneha Madinur i/b Crawford Bayley & Company, for the Plaintiffs in both suits. Ms.Shilpa Kapil, for the Defendants in both suits. ............ CORAM : S.C.DHARMADHIKARI, J. Date : 24th November, 2011. P.C.: 1 This matter was circulated today on account of urgency shown by the Plaintiffs as it was seeking an order of arrest of the Defendant No.1 Vessel. 2 When the matter was called out in the morning session, it was kept back at the instance of parties to enable them to conclude their talks for amicable settlement. 3 Now, it is reported by the parties that insofar as the claims in Admiralty Suit (Lodging) No.2984/2011 is concerned, the consent terms are drawn and they are duly signed by the Advocates for the Defendants and the Defendants. *2* admsl.3212.2984.11.911.group.sxw 4 It is stated by Ms.Kapil that the signature above the description of the Defendant No.2 is that of Mr.Atul Shrivastava who is General Manager of the Defendant No.2 whereas the signature on behalf of the Defendant No.3 is that of Anant K. Mohite who is acting as Executive (Legal). Both signatures are confirmed by the counsel. As far as the Plaintiffs are concerned, the terms are signed by their duly constituted attorney. 5 It is stated that presently, the Plaintiffs do not seek an order of arrest of the Defendant No.1 Vessel because of the agreement reached between the parties. If the sum as stated in clause (3) of the consent terms is paid, that would be accepted in full and final settlement and thereafter, the suit stands withdrawn. It is stated that the sum of Rs.16,50,000/- will be adjusted towards full and final settlement of the Plaintiffs’ claim, out of the amount deposited with the Prothonotary & Senior Master i.e. Rs. 17,54,177/- and the balance amount of Rs.1,04,177/-, after adjustment of the Plaintiffs’ claim in Admiralty Suit (L) No.2984/2011, will be adjusted as against the claim in companion suit i.e. Admiralty Suit (L) No. 3212/2011. 6 I am satisfied that the claim has been settled before the order of arrest is made. In such circumstances, the consent terms are taken on record and marked “X” for identification. There will be an order in terms of the consent terms. The Admiralty Suit (L) No.2984/2011 is dismissed as withdrawn. Refund of the Court fees as per rules. 7 The companion suit i.e. Admiralty Suit (L) No.3212/2011 being against the same Defendant Vessel is identical. There also the consent terms are tendered. They are duly signed by the authorized signatories and their signatures are confirmed. It is stated that the postdated cheque in the sum of Rs.3,93,073/-, so also, the Demand Draft *3* admsl.3212.2984.11.911.group.sxw of Rs.2,50,000/- are handed over. Receipt of both is confirmed by Mr.Kamat. In such circumstances, Mr.Kamat states that, presently he does not seek an order of arrest of the Defendant No.1 Vessel. In such circumstances, the consent terms are taken on record and marked “X” for identification. There will be an order in terms of the consent terms in this suit as well. The undertaking in clause (9) is accepted. 8 Certified copy of this order shall not be issued until the plaints are numbered. (S.C. Dharmadhikari, J)