- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY A & V.A.J. NOTICE OF MOTION NO.3621 OF 2006 IN ADMIRALTY SUIT (L) NO.2958 OF 2006 ... Al-Gyas Exports Pvt.Ltd. ...Plaintiffs v/s. m.v. BANGLAR GOURAB & Ors. ...Defendants ... Mr.V.K.Rambhadran with Mrs.Venita M. Davar for the Plaintiffs. Mr.P.S.Pratap for the Defendants. ... CORAM: D.K.DESHMUKH, J. DATED: 18TH OCTOBER,2006 - 2 - P.C.: The learned Counsel appearing for the Plaintiffs states that because the Defendant No.2 has not indicated as to when the Defendant No.1/vessel will be able to undertake the journey, without prejudice to their rights and contentions, the Plaintiffs terminate the contract of carriage between the Plaintiff and the Defendant No.1/vessel. Statement is accepted. The learned Counsel appearing for the Defendant Nos. 1 and 2 states that without prejudice to their rights and contentions, on the Plaintiffs surrendering the original Bill of Lading to the Master of the Defendant No.1/vessel, the Defendants Nos. 1 & 2 shall permit the Plaintiffs to discharge their cargo on the Defendant No.1/vessel at the expenses of the Plaintiff. The learned Counsel states that the Master of the Defendant No.1/vessel shall extend all co-operation to the Plaintiffs in discharging the cargo. - 3 - Statement is accepted. In view of these statements, it is directed that the Defendants Nos. 1 & 2 shall permit the Plaintiff to discharge their cargo on the Defendant No.1/vessel. It is also directed that while the discharge operations are going on, the Defendants Nos. 1 & 2 shall permit the surveyor appointed by the Plaintiffs to remain present on the vessel. . It is made clear that on completion of the discharge of the cargo the order made by this court for arrest of the Defendant No.1 vessel shall automatically cease to operate. . Instruments of release are dispensed with. All concerned parties to act on ordinary copy of the order duly authenticated by the Associate/Private Secretary of the Court as a true copy. ...