KK»»' APHC010379842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN I.A No.5 of 2025 In/and COMMERCIAL SUIT NO: 3 OF 2025 Between: EKON Shipping and Trading PTE LTD, a company duly incorporated under the laws of Singapore, having its registered office at 160 Robinson Road, #14-04 Singapore Business Federation Centre, 068914, Singapore, and being represented herein through its constituted attorney, Sri. D Rama Alekya ...Plaintiff AND 1. The Vessel “M V Cativera”, IMO Number 9172105, flying the flag of Panama, Republic of Panama, with her Port of Registry at Panama C/ o Cativera Shipping Co. S.A. PANAMA CITY, PANAMA, REPUBLIC OF PANAMA. ...Defendant No.1 2. EMCO SHIPPING AND TRADING LIMITED, having its office Marshall Islands, Trust Company Complex, Ajaltake Road, Ajaltake Island, Majuro, MH 96960, Marshall Islands, Register NO 108642, TAX NO 714842618, and being the time charter owners disponent owners of Defendant No. 1 vessel. at ...Defendant No.2 Andhra 3. The Port Officer, Kakinada Sea Ports Limited, Kakinada, Pradesh 533007 ...Defendant No.3 Suit for Recovery damages under the Admirality (Jurisdiction and Settlement of Maritime Claims ) Act, 2017 read with order VII Rule 1 of C.P.C and under Section 2 (1) ( c) (iii) of Commercial Courts Act, 2015 For a decree in its favour and against the 1st and 2nd Defendant for a sum of USD 1,029,536.50 (United States Dollars One Million Twenty- Nine Thousand Five Hundred Thirty-Six and Cents Fifty Only), which is approximately INR 8,88,03,190.33 (Indian Rupees Eight Crores Eighty- Eight Lakhs Three Thousand One Hundred Ninety and Raise Thirty- Three Only), together with interest thereon at rate of 36 percent from 21st June 2025 until the date of making payment in full by the 1 st and 2nd defendant I. IMO Number ii. Directing that the 1st Defendant Vessel “M.V. Cativera 9172105 together with her hull, engines, gears, tackles, bunkers furniture, fixtures, appurtenances and machinery, apparel, plant, paraphernalia, plant and machinery at presently at Kakinada Port within the territorial waters over which this Honble Court exercises jurisdiction be ordered to be arrested under a warrant of arrest issued by this Hon’ble Court as security for the payment of the Plaintiffs claim pending in arbitration proceedings amounting to a sum of USD 1,029,536.50 (United States Dollars One Million Twenty-Nine Thousand Five Hundred Thirty-Six and Cents Fifty Only), which is approximately INR 8,88,03,190.33 (Indian Rupees Eight Crores Eighty-Eight Lakhs Three Thousand One Hundred Ninety and Raise Thirty-Three Only) (at the current exchange rate of Rs. 86.2581) and cost of USD 25,000 (United States Dollars Twenty-Five Thousand only), which is approximately INR 21,56,452.50 (Indian Rupees Twenty-One Lakhs Fifty-Six Thousand Four Hundred Fifty-Two and Raise Fifty Only), (at the current exchange rate) along with interest of 36 percent from the date of filing the suit till payment and/or realization or disposal of arbitration proceedings and/or Directing that the Defendant Vessel M.V. Cativera IMO Number tackles, bunkers fixtures, appurtenances and 9172105 together with her hull, engines, gears machinery, apparel, plant, furniture paraphernalia, plant and machinery at presently at Kakinada Port be condemned and be sold, and the net sale proceeds thereof be ordered to be applied as security for the satisfaction of the Plaintiffs claim pending in arbitration proceedings amounting to a sum of USD Dollars One Million Twenty-Nine 1,029,536.50 (United States Thousand Five Hundred Thirty-Six and Cents Fifty Only), which is approximately Only), INR 8,88,03,190.33 (Indian Rupees Eight Crores Eighty Lakhs Three Thousand One Hundred Ninety and Raise Thirty- Three Only) (at the current exchange rate of Rs. 86.2581) and cost of USD 25,000 (United States Dollars Twenty-Five Thousand Only), which is approximately INR 21,56,452.50 (Indian Rupees Twenty-One Lakhs Fifty-Six Thousand Four Hundred Fifty-Two and Raise Fifty Only), (at the current exchange rate) along with interest of 36 percent from the date of filing the suit till payment and/or realization or disposal of arbitration proceedings and/or. Award USD 25,000 United States Dollars Twenty-Five Thousand Only), which is approximately INR 21,56,452.50 (Indian Rupees Twenty-One Lakhs Fifty-Six Thousand Four Hundred Fifty-Two and Raise Fifty Only), (at the current exchange rate) to the Plaintiff as legal costs for these proceedings. IV. lA NO: 3 OF 2025 Petition under Section 151 CPC, for the reasons stated in the affidavit filed in support of the above petition it is prayed before the Hon ble Court that pending hearing and disposal of the suit, the 1st Defendant Vessel M.V. Cativera” IMO Number 9172105 flying the flag of Panama together with her hull, engines, gears, tackles, bunkers machinery, apparel, plant, furniture, fixtures, appurtenances and paraphernalia, plant and machinery at presently Kakinada Port within the territorial waters over which this Hon’ble Court exercises jurisdiction be ordered to be arrested and detained under the orders of this Hon’ble Court and/or be restrained from sailing out of the port and harbour of Kakinada Port till security towards the Plaintiffs claim of a sum of USD 1,029,536.50 (United States Dollars One Million Twenty-Nine Thousand Five Hundred Thirty-Six and Cents Fifty Only) in suit or other appropriate proceedings is furnished. lA NO: 5 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 grant leave to the Petitioner to withdraw the present suit with liberty to institute a fresh suit in respect of the same subject matter and cause of action, before a court of competent jurisdiction if and when so advised, in accordance with law, failing which the Petitioner will be put to irreparable loss and hardship. Counsel for the Petitioner: Sri Gnani Vivek Karra Counsel for the Respondents: - The Court made the following order: at V APHC010379842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) r pr. ■I ^ [3506] FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN I.A.No.S of 2025 in/and COMMERCIAL SUIT No.3/2025 Between: 1.EKON SHIPPING AND TRADING PTE LTD, A COMPANY DULY INCORPORATED UNDER THE LAWS OF SINGAPORE, HAVING ITS REGISTERED OFFICE AT 160 ROBINSON . ROAD, # 14-04 SINGAPORE BUSINESS FEDERATION CENTRE, 068914, SINGAPORE, AND BEING REPRESENTED HEREIN THROUGH ITS CONSTITUTED ATTORNEY, SRI. D RAMA ALEKYA ...PLAINTIFF AND 1.THE VESSEL “M.V.CATIVERA”, IMO NUMBER 9172105, FLYING THE FLAG OF PANAMA, REPUBLIC OF PANAMA, WITH HER PORT OF REGISTRY AT CATIVERA SHIPPING CO. S.A. PANAMA CITY, PANAMA REPUBLIC OF PANAMA. PANAMA C/0 2.EMCO SHIPPING AND TRADING LIMITED, HAVING ITS OFFICE AT MARSHALL ISLANDS, TRUST COMPANY COMPLEX, AJALTAKE ROAD, MAJURO, MH 96960, MARSHALL ISLANDS, REGISTER NO. 108642, TAX NO: 714842618, AND BEING THE TIME OWNERS/ DISPONENT OWNERS OF AJALTAKE ISLAND, CHARTER DEFENDANT NO. 1 VESSEL. 3.THE PORT OFFICER, KAKINADA SEA PORTS LIMITED, KAKINADA, ANDHRA PRADESH 533007. ...DEFENDANT(S): 2 CGR,J I.A.No.5 of2025 in/and Com.S.No.3 of 2025 Counsel for the Plaintiff: 1.GNANI VIVEK KARRA Counsel for the Defendant(s): 1. The Court made the following: T IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI HONOURABLE SRI JUSTICE CHALLA GUNARANJAN I.A.No.S of 2025 in/and COMMERCIAL SUIT No.3 of 2025 JUDGMENT: I.A.No.S of 2025 is filed under Order XXIII Rule 1(3)(b) read with Section 151 C.P.C., by the plaintiff, seeking permission of the Court to withdraw the present Commercial Suit with liberty to institute a fresh suit in respect of same subject matter, as and when further cause of action arises. Heard Sri Gnani Vivek Karra, learned counsel for the plaintiff. The suit was instituted before this Court as 1®* defendant- vessel was sailing into Kakinada Port, which falls within the territorial jurisdiction of this Court. It is stated that the said vessel has now left aforesaid Port limits and sailed off and in view of the same and since parties to the suit are foreign nationals, no purpose would be served by proceeding with the suit in the present jurisdiction. It is further stated that unless the vessel is secured by way of arrest, the proceeds of decree would not be realizable. 4. As the present suit was instituted on account of the vessel sailing into the area within the jurisdiction of this Court, and in view of subsequent developments, admiralty jurisdiction can no longer be exercised. In view of the same and in view of the averments made 2. 3. the 2 . ■ -5; CGR.J I.A.No.Sof 2025 in/and Com. S. No. 3 of 2025 ;,v! in the affidavit filed in support of the present application, the prayer for withdrawal is allowed. 5. Accordingly, I.A.No.S of 2025 Commercial Suit is dismissed prayed for. There shall be no order as to costs. is allowed and the present as withdrawn, granting liberty as As a sequel, miscellaneous petitions, stand closed. pending if any, shall Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Vessel M V Cativera, IMO Number 9172105, flying the flag of Panama, Republic of Panama, with her Port of Registry at C/o Cativera Shipping Co. S.A. Panama City, Panama, Republic Of Panama. 2. EMCO Shipping and Trading Limited, having its office at Marshall Islands, Trust Company Complex, Ajaltake Road, Majuro, MH 96960, Marshall Islands, Register NO 108642, TAX NO 714842618, and being the time charter Ajaltake Island, owners disponent owners of Defendant No. 1 vessel. 3. The Port Officer, Kakinada Sea Ports Limited, Pradesh 533007 4. One CC to Sri. Gnani Vivek Karra Advocate [OPUC] 5. The Section Officer, O.S Section, High Court of Andhra Pradesh Amaravathi 6. The Accounts Officer, Accounts Section, High Court of Andhra Pradesh at Amaravathi 7. Two CD Copies Kakinada, Andhra at Stu vna HIGH COURT DATED:25/07/2025 I >'• OFAND,ff * 0 5 Air. 9; CiiBSsm i>m«3in ORDER I.A No. 5 of 2025 in/and COMS NO. 3 OF 2025 ALLOWING THE I.A No.5 of 2025 DISMISSING THE COMMERCIAL SUIT AS WITHDRAWN