L & W Commerce Ltd vs Owners And Parties Interested In ...
2021 Latest Caselaw 422 Cal/2

OD-1 AS/3/2014 IA NO: GA/1/2014(Old No:GA/1091/2014), GA/2/2014(Old No:GA/3644/2014), GA/4/2020, GA/5/2020 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE

L & W COMMERCE LTD VS OWNERS AND PARTIES INTERESTED IN THE VESSEL M.V.HAN BAEK 1

Before:

The Hon'ble Justice SHEKHAR B. SARAF Date: 8th June, 2021.

Appearance:

Mr. Subhojit Roy, Adv.

Mr. Souvik Kundu, Adv.

Mr. Amitava Majumder, Adv.

The Court: Mr. Subhojit Roy, advocate appearing on behalf of the

plaintiff submits that the suit has been settled and consent terms have

been filed in Court. The consent terms are before me. It appears from the

consent terms that the defendant is required to pay a sum of USD

93,906.80 by way of full and final settlement of the plaintiff's claim. Mr.

Subhojit Roy informs me that the payment has been made to his clients.

Accordingly, Registrar(O.S), High Court of Calcutta is directed to release

the bank guarantee that had been furnished by the defendant.

Mr. Roy also prays for refund of the court fees that have been paid

at the time of institution of the suit. He submits that in terms of a recent

Supreme Court judgment he is entitled to claim refund of the same. He

further relies upon Chapter 6A of the High Court, Original Side, Rules to

buttress his argument. In light of the same, liberty is granted to him to

approach the Registrar, Original Side for refund of the court fees with a

direction upon the Registrar, Original Side to act in accordance with law.

In light of the above direction, the suit is disposed of. All connected

applications are also accordingly disposed of.

The Department is directed to strike off the suit and the connected

applications from the ledger forthwith.

(SHEKHAR B. SARAF, J.)

SK.