IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 SP.JC.No. 1 of 2007(R) ----------------------------- : PETITIONERS. -------------------- 1. MEHUL M.SHAH, 604-A, VAIBHAV APARTMENTS, OLD PRABHADEVI ROAD, NEAR TATA PRESS LANE, PRABHADEVI, MUMBAI - 400 025. 2. NATASHA BANERJI, W/O. MEHUL M.SHAH, 604-A, VAIBHAV APARTMENTS. OLD PRABHADEVI ROAD, NEAR TATA PRESS LANE, PRABHADEVI, MUMBAI - PIN - 400 025. BY ADV. SRI.BECHU KURIYAN THOMAS SRI.JOY THATTIL ITTOOP RESPONDENTS: ----------------------- 1. MOTOR VESSEL SUPER STAR LIBRA AT PRESENT BERTHED AT KADAMATH ISLAND, UNION TERRITORY OF LAKSHAWADEEP, REPRESENTED BY HER MASTER. 2. M/S. STAR CRUSIES, STAR CRUISES TERMINAL PULAU INDAH, P.O.BOX 288, PELABUHAN KLANG, SELANGOR DARUK EHSAN, WEST MALAYSIA, REPRESENTED BY ITS CHAIRMAN MR.TAN SRI LIM KOK THAY. 3. J.M.BAXI & CO., SAPT BUILIDNG, 18, JN HARDIA MARG, BALLARD ESATE, MUMBAI - 400 001. 4. THE ADMINISTRATOR, OFFICE OF THE LAKSHADEEP ADMINISTRATION, UNION TERRIROTY OF LAKSHADWEEP, KAVARATHY. 5. THE PORT OFFICER, UNION TERRITORY OF LAKSHADWEEP, KAVARATHY. BY ADV. SRI.SHAFIK M.ABDULKHADIR,SC,LAKSHADWEEP FOR R.4,5 SRI.V.B.JINNAH FOR R2&3 SRI.SAJI MATHEW FOR R2&3 SRI.DENU JOSEPH FOR R2&3 SRI.P.R.RAMACHANDRA MENON,SC,LAKSHADWEE FOR R4,5 THIS SPECIAL JURISDICTION CASES HAVING BEEN FINALLY HEARD ON 10/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SP.JC.No. 1 of 2007(R) -2- APPENDIX PETITIONERS' EXHIBITS EXT.P1 - THE TRUE COPY OF THE CONFIRMATION SLIP ISSUED BY THE 1ST RESPONDENT. EXT.P2 - A TRUE COPY OF THE RECEIPT ISSUED BY ATLANTIS TRAVEL CONSULTANCY AT MUMBAI, DATED 30.08.2006. EXT.P3 - THE TRUE COPY OF AN INQUEST REPORT IN CRIME NO. 16/06 PREPARED BY KADAMATH POLICE STATION. EXT.P4 -THE TRUE COPY OF AN INQUEST REPORT IN CRIME NO. 16/06 PREPARED BY KADAMATH POLICE STATION. EXT.P5 - TRUE COPY OF THE KACHEET DATED 21.11.2006. EXT.P6 - TRUE COPY OF THE DEATH CERTIFICATE DATED 21.11.2006. EXT.P7 - TRUE COPY OF THE NOTICE OF CLAIM UNDER CLAUSE 16 OF THE TERMS AND CONDITIONS OF THE PASSENGERS TICKET CONTRACT ISSUED BY THE COUNSEL FOR THE PETITIONERS IN MALAYSIA TO THE 1ST RESPONDENT. EXT.P8 - TRUE COPY OF THE LEGAL NOTICE ISSUED THROUGH THE COUNSEL FOR THE PETITIONERS IN MALAYSIA. EXT.P9 - TRUE COPY OF THE NEWS ITEM REFLECTED ON THE TIMES NEWS PAPER. EXT.P10 - TRUE COPY OF THE NEWS ITEM RELFECTED ON THE TIMES NEWS PAPER. / TRUE COPY / PA TO JUDGE S.SIRI JAGAN, J ================== SPJ(C).No.1 of 2007 ================== Dated this the 10th day of July, 2008. J U D G M E N T The Counsel for the petitioner submits that since the parties have come to an agreement regarding the subject matter, the writ petition may be dismissed as withdrawn without prejudice to the right of the petitioner to prosecute the petitioner's claim for damages stated to be pending in Malaysia. 2. Permission is granted and the writ petition is dismissed as withdrawn with the above liberty. In the above circumstances, the bank guarantee furnished by the 2nd respondent shall be returned to the 2nd respondent, by respondents 4 and 5. S.SIRI JAGAN, JUDGE rhs - 2 -