IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. SRINIVAS I.A.Nos.3 and 4 of 2025 in/and COMMERCIAL SUIT No.2 of 2025 Between: Novek LLC, A company incorporated under USA laws and having its office at PO Box 228805 Doral, Florida, 33222 United States of America Represented through its Authorised Representative Mr. Madala Srinivas. ...Plaintiff AND 1. MV Nazmi C, motor vessel flying the flag of Panama, Having I MO No. 9577769, along with all her hull, engines, gears, machinery, tackles, apparels, and paraphernalia,'presently lying at Visakhapatnam Port, in the territorial waters of India, within the Admiralty Jurisdiction of this Hon'ble Court, represented by her Master, (presently conducting cargo operations at Visakhapatnam Port) 2. The Port Officer, Visakhapatnam Port and Harbour, Visakhapatnam, Visakhapatnam District, Andhra Pradesh. ...Defendants Commercial Suit filed under. Section 2(1) (C) (iii) of Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, Read with the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 praying under the facts and circumstances stated in the High Court may be pleased to grant the following relief in favour of the Plaintiff and against the Defendant; a) For a decree in its favour and against the Defendant Vessel for; 1. The sum of US $ 765,009; and 2. The sum of US $ 63,092.94 (equivalent to EUR 55,184.94, calculated at 1 EUR equals to 1.143 USD) and USD 11,315.51 (equivalent to GBP 8,342 calculated at 1 GBP = 1.356 USD) + USD 62,902.55 (equivalent to Euros 55,184.94 calculated at 1 EUR = 1.14 USD. as damages for the legal costs incurred in Italy; and 3. Legal and arbitration Costs of USD 300,000; and 4. Interest at 12% per annum from 23 April 2024 till payment and realization; and b) That the Defendant-Vessel, MV Nazmi C, IMO Number; 9577769 along with her hull tackle, boats, machinery, equipment, appurtenances and all other paraphernalia, presently at the port and harbor of Visakhapatnam, within the territorial waters over which this Hon'ble Court jurisdiction be ordered to be arrested under a warrant of arrest issued by this Hon'ble Court; and exercises c) That the Defendant-Vessel MV Nazmi C, IMO Number; 9577769 along with her hull, tackle, boats, machinery, equipment, appurtenances and all other paraphernalia, presently at the port and harbor of Visakhapatnam, within the territorial waters over which this Hon'ble Court exercises jurisdiction be detained, condemned and sold under orders and directions of this Hon'ble Court and the sale proceeds thereof be applied towards the satisfaction of the Plaintiffs claim in the suit; and That pending the hearing and final disposal of the suit, the Defendant - Vessel MV Nazmi C, IMO Number: 9577769 along with her hull, tackle, boats, machinery, appurtenances and all other paraphernalia, presently at the port and harbor of Visakhapatnam, within the territorial waters over which this Hon'ble Court exercises jurisdiction be arrested and detained under the orders of this Hon'ble Court and/or be restrained by an order of injunction of this Hon'ble Court from sailing out of the port and harbor of Visakhapatnam Port, Andhra Pradesh and/or moving out of the waters over which this Hon'ble Court exercises admiralty jurisdiction; and d) That pending the hearing and final disposal of the suit, the Defendant- Vessel, MV Nazmi C, IMO Number: 9577769 along with her hull, tackle, boats, machinery, appurtenances and ail other paraphernalia, presently at the port and harbor of Visakhapatnam, within the territorial waters over which this Hon'ble Court exercises jurisdiction be appraised by any suitable marine surveyors according to true value thereof and upon such value certified in writing by the said surveyors, the Defendant Vessel be sold by public auction free and clear from all existing claims, liens, and/or any encumbrances for the highest price that can be obtained; and For interim and ad-interim reliefs in terms of prayers (b), (d) and (e) be granted; and e) f) g) For costs of the suit. lA NO: 2 OF 2025 Petition under Order 39 Rule 1 & 2 R/w 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to prayed that pending hearing and disposal of the suit, the Defendant-Vessel, MV NAZMI C (IMO No. 9577769), a motor tanker vessel flying the flag of Panama along with her hull, tackle, boats, machinery. r appurtenances and all other paraphernalia, presently at the port and harbor of Visakhapatnam, within the territorial waters over which this Hon’ble Court exercises jurisdiction be arrested and detained under the orders of this Hon'ble Court and/or be restrained by an order of injunction of this Hon'ble Court from sailing Cut of the port and harbor of Visakhapatnam Port, Andhra Pradesh and/or moving out of the waters over which this Hon’ble Court exercises admiralty jurisdiction till security towards the Plaintiffs claim of US $ 1,202,320 (United States Dollars One Million Two Hundred and Two Thousand Three Hundred and Twenty) in the suit is furnished. lA NO: 3 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Registry to refund the court fees of Rs.5,82,525/- (Rupees Five Lakh Eighty Two Thousand Five Hundred and Twenty Five) to the Plaintiff’s nominated bank account details of which are set out below - State Bank of India Bank Narasimhulu Sakibanda Account Holder 20346782938 Account No Andhra Pradesh High Court Branch Branch SBIN0061328 IFSC Code within in period of 4 weeks. lA NO: 4 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the Plaintiff to withdraw the present suit in COMS No. 2 of 2025 and arrest order dated 12.06.2025 in I.A No.2 of 2025 and consequently vacate the permit the Defendant No.1 vessel to sail from Visakhapatnam Port. : Sri Sai Sanjay Suraneni Counsel for the Petitioner Counsel for the Respondents; None Appeared The Court made the following: 1 THE HONOURABLE SRI JUSTICE V SRINIVAS I.A.No.3 and 4 of 2025 IN/AND COMMERCIAL SUIT NO: 2/2025 COMMON ORDER: I.A.No.03 of 2025 is filed by the petitioner/plaintiff seeking for a direction to the Registry to refund the Court fees of Rs.5,82,525/- (Rupees Five Lakh Eighty Two Thousand Five Hundred and Twenty Five) to the plaintiff’s nominated bank account. 2. I.A.No.04 of 2025 is filed to permit the plaintiff to withdraw the present suit in COMS.No.02 of 2025 and consequently, vacate the arrest order, dated 12.06.2025 passed in I.A.No.02 of 2025 and also permit Defendant No.1 vessel to sail from Visakhapatnam Port. 3. Heard the learned counsel for the plaintiff. 4. In the affidavit filed in support of I.A.No.04 of 2025, it is stated that the plaintiff and owners of Defendant No.1 Vessel have entered into Escrow Agreement on 18.06.2025 and consequently, seeks permission to withdraw the present suit in C.O.M.S.No.02 of 2025. Since both the parties entered into agreement and the plaintiff itself intends to withdraw the suit, permission is granted. I.A.No.04 of 2025 is allowed and the 5. In view of the same. plaintiff/petitioner is permitted to withdraw the suit.. 6. In view of the orders passed in I.A.No.04 of 2025, the Commercial Suit No.02 of 2025 is dismissed as withdrawn. There shall be no order as to SJ costs. 7. Since the suit is dismissed, the orders passed by this Court in I.A.No.02 of 2025 , dated 12.06.2025 become infructuous and orders thereon are vacated. 8. In view of the withdrawal of the suit, the plaintiff is entitled for refund the Court fee of Rs.5,82,525/- (Rupees Five Lakh Eighty Two Thousand Five Hundred and Twenty Five only) which is said to be deposited by the plaintiff along with the plaint, in terms of the decisions of this Court in Polyprint Private Limited Vs. Canara Bank\ M.Dasarath Vs. K.Omprakash^ and P & H vaswani (P) Limited., Vs. G.S.Murthy^. Accordingly, I.A.No.03 of 2025 is allowed, directing refund of Court Fee of Rs.5,82,525/- (Rupees Five Lakh Eighty Two Thousand Five Hundred and Twenty Five) deposited by the plaintiff along with the plaint. Registry is directed to comply the above order within a period of four (04) weeks from today. 9. 1 1997(4) ALD 281 ^1994(1) ALT (NRC) 1 ^1969(1) APLJ 113(SN) Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To 1) The Registrar (Judicial), High Court of Andhra Pradesh at Amaravati. 2) MV Nazmi C, motor vessel flying the flag of Panama, Having IMO No. 9577769, along with all her hull, engines, gears, machinery, tackles, apparels, and paraphernalia, presently lying at Visakhapatnam Port, in the territorial waters of India, within the Admiralty Jurisdiction of this Hon'ble Court, represented by her Master, (presently conducting cargo operations at Visakhapatnam Port) 3) The Port Officer, Visakhapatnam Port and Harbour, Visakhapatnam, Visakhapatnam District, Andhra Pradesh. 4) One CC to Sri Sai Sanjay Suraneni, Advocate [OPUC] 5) The Section Officer, Account Section, High Court of Andhra Pradesh at Amaravathi. 6) The Section Officer, O.S. Section, High Court of Andhra Pradesh at Amaravathi. 7) Three CD Copies TK VNA HIGH COURT DATED: 19/06/2025 ORDER I.A.Nos.3 & 4 of 2025 in/and COIVIS.No.2 of 2025 ALLOWING THE I.A.Nos.3 & 4 of 2025 and DISMISSING THE COMMERCIAL SUIT AS WITHDRAWN