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Madras HC orders release of vessel Tug Virahi

Courtesy/By: Siddharth Kate | 2020-07-11 15:54     Views : 313

Madras High Court withdraws order arresting vessel Tug Varahi after the warring parties reach an amicable settlement. In the matter of Angre Port Private Ltd. Vs. Owners and Parties interested in the vessel Tug Varahi. In the month of June, Justice M. Sundar took up a plea moved by Angre Port Pvt. Ltd. and proceeded to hear the Applicant due to the urgency cited. The Court was notified of the pending dispute before the Bombay High Court about the ownership of the vessel that had been docked at the Angre Port from May, 2019 to February, 2020. The Bombay High Court had ordered the arrest of the vessel during the time. This arrest was later lifted when the Parties agreed to file consent terms.

As of the consent terms, one of the parties also agreed to pay the Port Angre all the due charges while Angre Port agreed to issue a letter of clearance for the vessel Tug Varahi for it to sail out of the Port.

However when the Parties failed to pay the dues as promised, Angre Court approached Madras High Court for re-arresting the vessel at Adani Port, Kattupalli where it was docked then. Later Madras High Court, after hearing the parties found that a prima facie case was made out in the Port’s favour and issued and ex parte interim order arresting the vessel docked at Adani Port. Later the Court was told that the Parties had reached a settlement again and therefore the Madras High Court ordered lifting of the arrest after the Court was told that two post-dated checks were issued in favour of the Port. Thus the Court allowed the vessel to be set free as docking it further would incur the Defendant more expenses and since the Parties had settled, it would make sense if the vessel was set free.

Courtesy/By: Siddharth Kate | 2020-07-11 15:54