JOTUN INDIA PRIVATE LIMITED Vs. HALANI 4

JUDGEMENT

(1.) On 06/03/2020, this Court passed an order allowing withdrawal of the above Suit by the Plaintiff in view of the fact that the Plaintiff had received the entire amount as per the settlement terms arrived at between the Plaintiff and the Defendants.

(2.) By the said order (06/03/2020), the order of arrest stood vacated but it was clarified that no order of release of vessel was passed since the Advocate for Defendant Nos.1 and 2 had not produced the certificate stating that there is no caveat against release. Thereafter, the matter came up before this Court on 11/03/2020. On the said date, it was brought to the attention of the Court that as per the entries in the Caveat Register as on 11/03/2020 at 04:32 p.m., Caveats have been filed by Ms. Sutapa Saha, the Advocate for the Caveators in the Registry as Caveat Nos.17, 18, 19 and 21 respectively. The learned Advocate appearing on behalf of all these Caveators stated that as far as the claim of Caveator Nos.17 and 21 are concerned, they were settled out of Court directly. Hence, only the claim of Caveator Nos.18 and 19 survived. It was in these circumstances that a statement was made by the learned Advocate for Defendant Nos.1 and 2 that he will pay an amount of Rs.2,61,000/- to Caveator No.18 and an amount of Rs.7,85,545/- to Caveator No.19 totaling to Rs.10,46,545/-.

(3.) Thereafter, the matter came up on board on 12/03/2020 when the learned Advocate appearing on behalf of Defendant Nos.1 and 2 requested that the matter be stood over to today as the Demand Drafts were not ready. It is in these circumstances that the matter has come upon board today.