ROSSMERE INTERNATIONAL LIMITED v. DV DALE EX NAME MT GAMMA GAMMA II MERCURY IMO NO 8917792
AS/41/2018 · 2025-07-03
Mauna M Bhatt
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6040 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6040 (GUJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C/AS/41/2018 ORDER DATED: 03/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/ADMIRALTY SUIT NO. 41 of 2018 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2019 In R/ADMIRALTY SUIT NO. 41 of 2018 With CIVIL APPLICATION (FOR DIRECTION) NO. 2 of 2019 In R/ADMIRALTY SUIT NO. 41 of 2018 ========================================================== ROSSMERE INTERNATIONAL LIMITED Versus DV DALE EX NAME MT GAMMA GAMMA II MERCURY IMO NO 8917792 & ANR. ========================================================== Appearance: MR SALIL M THAKORE(5821) for the Defendant(s) No. 1 MS PAURAMI B. SHETH(841) for the Plaintiff(s) No. 1 ========================================================== CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 03/07/2025
ORAL ORDER
1. Learned counsels for the Parties have filed a joint purshish dated 03.07.2025 with copy of the Consent Terms duly signed by the respective parties through their Advocates and Authorised Persons and prayed to pass appropriate orders in terms of the said Purshish. The said purshish and Consent Terms are taken on record which shall form part of this proceeding. 2. It is stated in the said Purshish that the Plaintiff filed the aforesaid suit inter alia for arrest of the Defendant Vessel, that as per order dated 26.10.2018 the Defendant deposited an amount of USD 2,051,491/- with Punjab National Bank, NRI Branch, Ahmedabad, the Account maintained for this Hon’ble Court, that upon deposit of the Security Amount, the Defendants were permitted to deal
C/AS/41/2018 ORDER DATED: 03/07/2025 with the Defendant No. 1 Vessel. It is further stated that the said Security amount has been invested in fixed deposit and renewed from time to time and as intimated to the Registry by the Punjab National Bank, presently the said security amount is approximately of USD 2,439,610.42 which is inclusive of interest of USD 388,909.44 calculated till November. 2024. It is also stated in the said Purshish that the Plaintiff has agreed to accept amount of USD 1,573,969.15 as full and final settlement of the suit claim out of total deposited amount with accrued interest and the balance amount with interest accrued till date of premature deposit is to be remitted to the Defendant through RV International DMCC.. 3. In view of the settlement between the Parties as evidenced by the Settlement Agreement and the Joint Purshish and confirmed by the learned advocates for the respective parties, the Suit is allowed to be withdrawn. Accordingly, the Suit stands disposed of as withdrawn. 4.
The Registry is directed to remit the amount of USD 1,573,969.15 to the Plaintiff in following Account as per details mentioned herein under within 2 weeks from the receipt of the order: Beneficiary Name YALUMBA INC Beneficiary Address Beneficiary A/c No. 0100024998 Bank Name & Branch Standard
Chartered
Bank, Singapore Branch
C/AS/41/2018 ORDER DATED: 03/07/2025 SWIFT Code SCBL SG22 Intermediate Bank Standard chartered Bank , New York SWIFT Code of Intermediate Bank SCBL US33
5. The Registry is further directed to remit the balance amount of the Security Sum along with interest accrued thereon till date of remittance to the nominee of Defendant in its following Bank Account within 2 weeks from the receipt of this order. Account Title
RV INTERNATIONAL DMCC Account Number 1031001906957025 Currency USD IBAN AE760351031001906957025 Bank Details: First Abu Dhabi Bank PJSC, Abu Dhabi, United Arab Emirates SWIFT Code NBADAEAA Corresponding Bank Details (USD) Citibank NA, New York SWIFT Address : CITIUS33 A/C No. of Beneficiary Bank
with Correspondent Bank : 36011393
C/AS/41/2018 ORDER DATED: 03/07/2025
6. Registry is directed to refund the permissible court fees in the name of the Advocate for the Plaintiff. 7. Civil Applications are also disposed off as infructuous, in view of the disposal of the main suit. (MAUNA M. BHATT,J) MARY VADAKKAN Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MARY VINOD ANTHANATTE(HC00204), Principal Pvt. Secretary, at High Court of Gujarat on 03/07/2025 14:49:29