IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY ADMIRALTY ADMIRALTY & VICE ADMIRALTY JURISDICTION & VICE ADMIRALTY JURISDICTION & VICE ADMIRALTY JURISDICTION ADMIRALTY ADMIRALTY ADMIRALTY SUIT NO 5 OF 2009 SUIT NO 5 OF 2009 SUIT NO 5 OF 2009 Olam International Limited .... Plaintiff V/s. M.V. King (ex King Carrier) .... Defendant And M/s. Compass Shipping and Trading Limited .... Applicant Mr. Rahul Narichania with Ms. Binita Hathi i/b LEX Nexus Advocates for the Plaintiff. None for Defendant Mr. R.S. Kelkar i/b M/s Chitnis & Co Advocates for the Applicant. CORAM CORAM CORAM : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. DATED DATED DATED : 4TH MARCH, 2009. : 4TH MARCH, 2009. : 4TH MARCH, 2009. P.C. P.C. P.C. 1. Mentioned. Not on board. At the request of both the parties, taken on board. 2. The Plaintiff’s dispute is settled out of court, therefore the Plaintiff prays for withdrawal of the suit. Suit and all pending applications is accordingly dismissed for non-prosecution and the Order of Arrest dated January 14, 2009 against the Defendant vessel stands vacated. Refund of Court Fees as per rules. 3. Caveat against release register is produced; there is no caveat against release of the Defendant Vessel. Instrument of release dispensed with. 4. The Defendant Vessel was at stream and continues to be at stream and has not taken berth and the Applicant and Plaintiffs both confirms that order of arrest is not effected on the Defendant vessel therefore Sheriff’s Poundage is not payable. 5. Port, Customs and all concerned authorities to act on a fax copy of the order duly authenticated by the office of the Hon’ble High Court. 6. No order as to cost. (A.V. (A.V. (A.V. NIRGUDE, J) NIRGUDE, J) NIRGUDE, J)