BISWANATH SOMADDER,J. - (1.) When this matter is taken up for consideration today, learned Counsel representing the plaintiff/petitioner submits, on instruction, that his client does not wish to proceed any further with the instant matter since they have reached a settlement with the owners of the vessel M.V. Daji out of Court. In such circumstances, learned Counsel prays that the suit be dismissed as withdrawn.
(2.) This Court, however, takes notice of the fact that on 26th December, 2011, the plaintiff/petitioner had approached a Vacation Bench and obtained an ad-interim order whereby the vessel M.V. Daji was ordered to be arrested. Further directions were given by this Court which, inter alia, includes depositing a sum of Rs. 10 lacs by the plaintiff/petitioner with its learned Advocate on Record, who was directed to keep the said amount in a separate account as security against Port charges, demurrage charges and costs that may be incurred by the defendant on account of the arrest.
(3.) In view of the latest development in the matter, this Court directs immediate release of the vessel M.V. Daji. The Marshal, Port authorities, Customs, CISF and all other authorities shall act in terms of this order forthwith.;