abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ADMIRALTY SUIT (L) NO. 1386 OF 2008 Shanghai Cosfar Shipping International Co. Ltd. .. Plaintiff V/s M.V. Padre & Ors. .. Defendant Mr.Prashant Pratap with Mr.Kamaljit Singh and Ms.Archana Reddy i/b S. Priya for the plaintiff. CORAM : D.G. KARNIK, J. DATE : 25TH APRIL 2008 P.C. P.C. P.C. : 1. Not on board. Taken on board on mentioning by the plaintiff’s counsel. 2. Learned counsel for the plaintiff states that the plaintiff does not wish to proceed with the suit. The suit is dismissed for non-prosecution. 3. The plaintiff had earlier moved this court for an exparte order of arrest of the defendant ship. The plaintiff, through its constituted attorney Mr.Surendranathan K.G., had filed an undertaking dated 19th April 2008 undertaking to pay such some by way of - 2 - damages as the court may award by way of compensation in the event the vessel or any other party sustained any prejudice by the order of arrest. Since the suit is withdrawn even before the appearance of the defendant, the undertaking shall continue to remain in force in respect of any order for damages/compensation that may be passed in any other proceeding for the alleged wrongful arrest of the vessel. 4. Since the suit is dismissed for non-prosecution, the arrested vessel shall be released forthwith but after verification of caveat in accordance with the Rules. 5. All parties to act on an authenticated copy of this order. (D.G. KARNIK, J.)