Admirality Suit No. 4 Of 2012 vs M V Peristil (Imo No 9519626)

1. Heard Ms.Paurami B.Sheth, learned advocate for the plaintiff and Mr.Dakshesh Mehta with Mr.Rushang Mehta, learned counsel for the defendant.

2. The learned advocate for the defendant has filed a Purshis dated 24.08.2012, wherein it has been stated that the defendant­Vessel, M.V.Peristil, was re­arrested in the United States vide order dated 16.08.2012 passed by the United States District Court, Oregon, Portland Division. It is further stated that the defendant­Vessel was subsequently released from arrest by the District AS/4/2012 2/3 ORDER Court, Oregon, and now, both parties have submitted an Agreement for Security dated 17.08.2012, before the said Court in the United States of America. It is further stated in the Purshis that without prejudice to the rights and contentions in the pending O.J.C.A. Or Written statement and Counter Claim to be filed, the defendant, with the consent of the plaintiff, submits that the arrest order dated 16.04.2012, passed by this Court, be vacated and the Security be returned in the name of Shri Santosh Manjarekar, Constituted Attorney of the defendant. The Purshis dated 24.08.2012 is taken on the record.

3. Ms.Paurami B.Sheth, learned advocate for the plaintiff, has no objection for vacation of the arrest order dated 16.04.2012 and return of the amount of Rs.1,38,68,487/­ that has been deposited by the Registry in a Fixed Deposit, with interest accrued thereon.

4. In view of the above Purshis filed by the defendant, which is not objected to by the learned advocate for the plaintiff, the following AS/4/2012 3/3 ORDER order is passed:

The Registry of this Court is directed to return the amount of Rs.1,38,68,487/­ deposited by the defendant vide Receipt dated 31.05.2012, with interest accrued thereon, if any, in the name of Shri Santosh Manjarekar, Constituted Attorney of the defendant, to the learned advocate appearing for the defendant.

5. The above shall be without prejudice to the rights and contentions of the parties.

6. The suit be listed on 28.09.2012.

(Smt. Abhilasha Kumari, J.) (sunil)