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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 03^RD DAY OF AUGUST, 2021

BEFORE

THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV

CIVIL PETITION NO.126/2021

BETWEEN:

M/s Gulf Turbo Repair and

Services FZC.,

A company incorporated under

the laws of United Arab

Emirates and having its office

at P.O.Box 9148,

S.A.I.F.Zone, Sharjah, U.A.E.

Represented by its

authorized signatory,

Mr. Shankar Ujjainwala

&Petitioner

(By Sri. Shreyas Jayasimha, Advocate)

AND:

1.

M.T. Global Princess

(IMO 9133599), flying the

flag of panama, currently

in port and harbour

Karwar, and within the

territorial waters of India,

along with her null, tackle,

machinery and

appurtenances and her

owners and all persons

interested in her, within

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the admiralty jurisdiction

of this Court.

2.

Prime Tankers LLC,

A company incorporated

under Foreign laws,

at P.O. Box 31559,

Dubai, United Arab Emirates.

...Respondents

(By Sri. Naveen.G., Advocate

for Sri. D.R. Ravishankar, Advocate for R1)

*****

This Civil Petition is filed under Section 5 R/w Section

3 of the Admirality (jurisdiction and settlement of Maritime

claims) Act, 2017 further R/w Order VII Rule 1 r/w Section

26 of the CPC, praying to (a) Direct the 1^st respondent

vessel

MT Global Princess

(IMO

9133599)

and

2^nd

respondent to jointly/severally pay a sum of USD USD

29,387.00 (Rs.21,52,950.39/- at the conversion rate of

Rs.73.63 on 02.04.2021) towards outstanding principal

amount along with further interest @ 1.5% p.m. from the

date of filing of the petition till payment/realization and

further cost and etc.

This Civil Petition coming on for Orders this day, the

Court made the following:

O R D E R

Learned counsel for the petitioner has filed a memo

dated 30.06.2021 which reads as follows:

<The petitioner respectfully prays that this

Hon9ble

Court

be

pleased

to

permit

the

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Petitioner to withdraw this Civil Petition in view

of the settlement between the parties and

consequently record that the petitioner has no

objection to the release of the amount deposited

by the Respondent via demand draft for

Rs.28,93,482/- pursuant to this Court9s Order

dated 20.04.2021 to the Respondent, in the

interest of justice and equity.=

In light of the memo dated 30.06.2021 and the

submission that the dispute has been settled, petition is

dismissed.

The deposit by the respondents is directed to be

refunded

to

the

authorised

representative

of

the

respondents.

The parties to bear nominal cost of Rs.25,000/-

(Rupees Twenty Five Thousand Only) payable to the Legal

Services Committee. It is made clear that the cost is not in

the way of punitive damages but in the light of the matter

having been filed and subsequently settled.

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Accordingly, I.A.Nos.1/2021, 3/2021 and 5/2021 do

not call for any adjudication and are disposed of.

Sd/-

JUDGE

PN