IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO. 230 OF 2008 APPEAL (L) NO. 230 OF 2008 APPEAL (L) NO. 230 OF 2008 IN IN IN ADMIRALTY SUIT (L) NO. 1479 OF 2008 ADMIRALTY SUIT (L) NO. 1479 OF 2008 ADMIRALTY SUIT (L) NO. 1479 OF 2008 Liberty Oil Mills Limited ...Appellant V/s. MT Process ...Respondent Mr.V.R. Dhond i/b. M/s.Crawford Bayley & Co. for the Appellant. Mr.Prashant Pratap i/b. Mr.M.R. Khatri for Respondent No.1. Mr.Birendra Saraf i/b. M/s.Kartikeya & Associates for the Caveators. CORAM : SWATANTER KUMAR, C.J. AND CORAM : SWATANTER KUMAR, C.J. AND CORAM : SWATANTER KUMAR, C.J. AND V.M. KANADE, J. V.M. KANADE, J. V.M. KANADE, J. DATED : APRIL 30, 2008 DATED : APRIL 30, 2008 DATED : APRIL 30, 2008 P.C. :- P.C. :- P.C. :- . The present appeal is directed against the ad-interim order passed on Notice of Motion dated 26th April, 2008. In terms of the order, the injunction prayed for by the present appeal in Admiralty Suit (Lodging) No.1479/2007 was declined. During the pendency of the appeal, the learned Counsel appearing for the parties have agreed that the appeal could be disposed of by consented terms which are as under :- - 2 - 1) The respondents herein (defendants in the suit) would furnish a Bank Guarantee to the satisfaction of the Registrar (O.S.) / Prothonotary & Senior Master Office in terms of Two Lakh Ten Thousand US dollars or equivalent thereof in Indian currency. 2) On furnishing of such Bank Guarantee, the ship will be permitted to sail. 3) The parties would be at liberty to make a request to the learned Single Judge for expeditious disposal of the Notice of Motion. 4) Liberty to the respondent herein to take out the Notice of Motion on which he could also pray even for discharge of security. 5) Without prejudice to the rights and contentions of the parties, all contentions are kept open. - 3 - 6) The Notice of Motion may be heard finally. 7) In view of the fact that upon furnishing security of Bank Guarantee in favour of the appellant as well as the caveators, the Caveat filed shall stand discharged. Parties would be at liberty to take such steps in accordance with law. Caveators to file suit within four weeks from today. 8) Instruments of release are dispensed with. . This appeal is disposed of in the above terms. . Parties to act on the authenticated copy of this order. CHIEF JUSTICE CHIEF JUSTICE CHIEF JUSTICE V.M. KANADE, J. V.M. KANADE, J. V.M. KANADE, J.