1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE OF MOTION NO.943 OF 2008 IN ADMIRALTY SUIT NO.1 OF 2008 Crompton Greaves Limited. ...Plaintiff. Vs. M.V. AMBER & Anr. ...Defendants. .... Mr. A.M. Vernekar i/b. Narichania & Narichania for the Plaintiff. Mr. V.R. Dhond with Mr. Ashish Kamath i/b. A. Mehta Laljee & Co. for Defendant No.1. ..... CORAM :DR.D.Y.CHANDRACHUD, J. March 7, 2008. P.C.: Consent Minutes duly signed by Learned Counsel for the parties are taken on record and marked “X”. There shall accordingly be an order in the following terms in terms thereof: 1. On 25.01.2008, the Plaintiffs have received delivery of the Suit consignment from Defendant No.2. The claim in Suit (as it presently stands) is reduced to the extent of the value of the Suit consignment i.e. USD 150,000. Hence the Suit claim presently 2 stands reduced to USD 100,000, subject to the right (if any) of the Plaintiffs to apply for enhancement of their claim. 2. As regards balance claim in Suit i.e. USD 100,000, Defendant No.1 and/or her Owners, without prejudice to all their rights and contentions have furnished a Pay Order No.182913 dated 7th March 2008 drawn by Standard Chartered Bank, 23-25, M.G. Road, Fort, Mumbai-400 001 in favour of the Prothonotary & Senior Master, High Court, Bombay, in the sum of Rs.39,00,000/- (Rupees Three Million Nine Hundred Thousand only), being the rupee equivalent of USD 100,000, as security towards the Plaintiffs present claim in Suit. This deposit/security is without admission of any liability on the part of Defendant No.1 and/or her Owners. 3. The First Defendant vessel to forthwith stand released from Arrest and the Order of Arrest dated 18th January 2008 to stand vacated. 4. The Plaintiffs and Defendant No.1 shall be at liberty to take 3 out appropriate applications and/or proceedings, raising any other contentions that they may have in the matter including the contention that the Arrest and security for USD 100,000 is misconceived and liable to be set aside and applying for counter security. 5. Instrument of Release to stand dispensed with. 6. Liberty to parties and/or their Advocates and/or the Sheriff of Bombay to convey this Order by Facsimile to all authorities including the Chennai Port Trust and Customs Authorities. 7. Prothonotary & Senior Master to invest the amount so deposited in a Fixed Deposit of a Nationalised Bank initially for a period of one year and renew the same with accrued interest from time to time till further orders of the Court. 8. All concerned to act on an ordinary copy of this order, duly authenticated by the Associate of this Court. 4 The Notice of Motion is accordingly disposed of in the aforesaid terms.