WINZARD (HONGKONG) LIMITED v. MV JAGUAR (IMO NO. 9293002)
AS/10/2025 · 2025-07-11
Mauna M Bhatt
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2532 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2532 (GUJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C/AS/10/2025 ORDER DATED: 11/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/ADMIRALTY SUIT NO. 10 of 2025 ========================================================== WINZARD (HONGKONG) LIMITED Versus MV JAGUAR (IMO NO. 9293002) ========================================================== Appearance: MR SUKUMAR M TIRTHANI(12200) for the Defendant(s) No. 1 MR P M BUCH(7383) for the Plaintiff(s) No. 1 ========================================================== CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 11/07/2025 ORAL ORDER
1. Heard Advocates Mr. Dhaval D. Vyas, Senior Advocate, assisted by Mr. Pranjal Buch for the Plaintiff and Mr. Sukumar Tirthani for the Defendant Vessel. 2. Learned Advocates for the respective parties have tendered a joint pursish and submit that the parties have amicably resolved their disputes, and the arrest be vacated and the security be refunded as per the Settlement Agreement dated 07.07.2025. Learned Advocates submit that by way of an order dated 23.03.2025 the Defendant Vessel was placed under arrest, and to secure her release, the parties interested in the Defendant Vessel deposited USD 7,90,655.45/- in the NRI/USD Account maintained by the High Court with Punjab National Bank, Ashram Branch. The pursish is accompanied by a copy of a signed Settlement
C/AS/10/2025 ORDER DATED: 11/07/2025 Agreement dated 07.07.2025. Both the pursish and the Settlement Agreement dated 07.07.2025 are taken on record and are to be considered part of this order. 3. In light of the above-mentioned submissions by the respective Ld. Advocates, and without derogation or prejudice to the terms of the settlement agreement, the following consent order is passed– (i) The parties have amicably resolved their disputes by entering into a settlement agreement dated 07.07.2025, a signed and executed copy of which is presented to the Hon’ble Court. (ii) According to the terms of the Settlement Agreement, specifically those outlined in Paragraph 1, the Plaintiff accepts and acknowledges that they shall be entitled to USD 450,000/- (United States Dollars Four Lacs Fifty Thousand Only) as a full and final settlement for the claims made by them in Admiralty Suit 10/2025 against the Defendant Vessel. This sum is to be paid to the Plaintiff’s nominated account from the security deposited on behalf of the Defendant Vessel. (iii) To give effect to the terms of the settlement agreement, the Registry is directed to remit USD 450,000/- to the Plaintiff’s nominated account.
The details of the account nominated by the Plaintiff are:
C/AS/10/2025 ORDER DATED: 11/07/2025 Beneficiary Name: Winzard (Hongkong) Limited Bank Name: China CITIC Bank International Bank Address: 232, Des Voeux Road Centra, HK Branch: Tuen Mun Account No:
726-1-19708401 (USD) Swift Code: KWHKHKHH (iv) The registry is further directed to remit the balance sum of USD 340,655.45/- to the bank account of LTA SHIPPING – FZCO, along with all interest accrued to date. The details of the bank account to remit USD 340,655.45/- and accrued interest are: Beneficiary Name:
LTA SHIPPING - FZCO Bank Name:
NATIONAL BANK OF FUJAIRAH Bank Address: SHEIKH
HAMAD
BIN ABDDULLAH
STREET, FUJAIRAH Branch: FUJAIRAH Account No: 023696728108 (Current) (USD) Swift Code: NBFUAEAFXXX IBAN AE180380000023696728108
C/AS/10/2025 ORDER DATED: 11/07/2025 (v) The registry is expected to conclude the exercise of remitting funds within two (2) weeks from the date of this order. 4. The registry is permitted to refund the permissible court fees in the name of Winzard Hongkong Limited to the account nominated by the Plaintiff as per paragraph 3(iii) above. 5. In view of the above, the suit is disposed of as withdrawn. (MAUNA M. BHATT,J) NAIR SMITA V./35 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SMITA VINU NAIR(HC00186), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 11/07/2025 15:33:32