1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY AND VICE ADMIRALTY JURISDICTION SUIT (L) NO. 408 OF 2009 Western India Marine Corporation ........Plaintiffs versus m.t. Blue Whale 110........Defendants. Mr. Manoj R. Khatri adv. for the Plaintiffs None for the Defendants CORAM: A. P. DESHPANDE, J. DATED : 06th MAY, 2009. P.C.: 1. The learned counsel for the plaintiff submits that the plaintiff has received the amount for recovery of which the present suit was filed. It is further submitted that the plaintiff’s claim has been settled for a sum of Rs. 17,40,217 and thus the plaintiff wants to withdraw the suit. It is also brought to my notice that the vessel has been arrested vide order dated 9-2-2009 and the same is still under arrest. I am also informed that a third party has filed a caveat for the arrest of the vessel and the same is pending. In that view of the matter the learned counsel for the plaintiff seeks permission to withdraw the suit subject to the pending caveat. In the result, the plaintiff is permitted to withdraw the suit, however, the release of the vessel shall be 2 subject to the caveat registered by the third party against the same vessel. The plaintiff undertakes to pay the poundage to the Sheriff. In the result suit stands dismissed as withdrawn. Parties to act on an authenticated copy of this order. (A. P. DESHPANDE, J.)