Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:9415 CP No. 96 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 96 OF 2025 BETWEEN:
PARADEEP PHOSPHATES LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 5TH FLOOR, BAYAN BHAVAN, PANDIT J.N. MARG, BHUBNESHWAR-751001. ODISHA REPRESENTED BY ITS AUTHORISED SIGNATORY MR. THEERTHA KUMAR …PETITIONER
(BY SRI. SANKARSHAN JOSHI, ADV. FOR SRI. SHREYAS JAYASIMHA & APOORVA, ADVOCATE) AND:
1. M.V. XIANG TIGER (IMO 9279599) AND HER OWNERS AND ALL OTHER PERSONS CONCERNED AND/OR INTERESTED IN HER, FLYING A FOREIGN FLAG TOGETHER WITH HER HULL, TACKLE, ENGINES, MACHINERY, BOATS, BUNKERS, EQUIPMENT, PARAPHERNALIA AND ALL OTHER APPURTENANCES PRESENTLY LYING AT THE PORT AND HARBOUR OF NEW MANGALORE PORT WITHIN THE TERRITORIAL WATERS OF INDIA AND WITHIN THE ADMIRALTY AND VICE ADMIRALTY JURISDICTION OF THIS HON'BLE COURT. Digitally signed by MEGHA MOHAN Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:9415 CP No. 96 of 2025
2. CALLIOPE SHIPPING CO., LIMITED, A COMPANY REGISTERED UNDER THE FOREIGN LAWS HAVING ITS OFFICE AT RM B3 19/F, TJING LEE COMM BLOO, 91-97 JERVOIS ST SHEUNG WAN, HONG KONG …RESPONDENTS
THIS CIVIL PETITION IS FILED U/S. 24 OF CPC 1908, PRAYING TO PASS AN ORDER FAVOUR OF THE PETITIONER AND DIRECT THE RESPONDENT NO. 1 VESSEL M.V. XIANG TIGER (IMO - 9279599) AND THE RESPONDENT NO. 2 OWNER, AND ALL PERSONS INTERESTED IN HER TO PAY THE SUM OF PRINCIPAL AMOUNT OF USD 1,24,456/- (RS. INR 10,770,384/-) FOR SHORT DELIVERY OF CARGO OF 413.2265 MTS. AND LEGAL COST TOGETHER WITH FURTHER INTEREST ON THE AFOREMENTIONED SUMS AT THE RATE OF 18% P.A.
FROM THE DATE OF PETITION UNTIL PAYMENT, AS PER PARTICULARS OF CLAIM AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
A memo is filed seeking to withdraw the petition. It is submitted that they have filed the petition for recovery of an amount of USD 1,24,456 (Rs. INR 1,07,70,384/-) for short delivery of cargo of 413.2265 MTS. This Court passed an order dated 04.03.2025 directing the arrest of respondent No.1 - Vessel. Subsequently, the petitioner has received a sum of USD
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NC: 2025:KHC:9415 CP No. 96 of 2025
1,31,276 towards full and final settlement of their claim.
Hence, they want to withdraw the petition. 2. Memo is taken on record and the Civil Petition is dismissed as withdrawn. Consequently, all the IAs., shall stand closed. 3. Registry shall communicate this order to the following E-mail addresses:
1. chairmn@nmpt.gov.in
2. dychairman@nmpt.gov.in
3. cvo@npt.gov.in
4. fdcao@nmpt.gov.in
5. dyconservator@nmpt.gov.in
6. secretary@nmpt.gov.in
7. trafficmanager@nmpt.gov.in
8. chiefmechengineer@nmpt.gov.in
9. cmo@nmpt.gov.in
10. pr_setion@nmpt.gov.in
11. nmpt_mangalore@nmpt.gov.in
12. shekar.k@nmpt.gov.in
13. commr_cusmnglr@nic.in
SD/- (LALITHA KANNEGANTI) JUDGE
KA, List No.: 4 Sl No.: 1