"Or ->v IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V SRINIVAS COMMERCIAL SUIT NO: 2 OF 2n?.? Between: Ennero DMCC, A company incorporated under the relevant laws of the United Arab Emirates, having their office at JBC1, Unit 2202 - 2203 PO Box 336409, Dubai, UAE, Cluster G, Jumeirah Lake Tower, Represented by its Authorised Representative, Mr.U. Subrahmanya Sarma. ...Plaintiff AND Summer Sea (IMO N0.9639763), a Vessel flying the Marshall Islands Flag, IMO No. 9639763, along with all her hull, engines, gears, machinery, tackles, apparels, and paraphernalia, presently lying at the ^ --Krishnapatnam Port, Andhra Pradesh in the territorial waters of India, within the Admiralty Jurisdiction of this Court, Rep. by its Master. 2. Honor Summer Sea LTD. Care of Pretty Sea Ship Management Co Ltd Room 1008-1012, China Merchants Tower, , Conpaught Road Central, Central, Hong Kong Shun Tak Centre, 168-200 J, China. Krishnapatnam Port Limited, Company Registered under the Companies Act, Having office at Adani Corporate Near Vaishno Devi Circle, S. Ahmedabad GJ 382421 Rep. by its Managing Executive Officer. House, Shantigram G. Highway, Khodiyar Ahmedabad Director and Chief / ...Defendants/Respondents Petition filed under Order XLII Rule 2 Original Side if its Admirality jurisdiction praying for a Judgment and Decree in his favour and against the Defendants. a. That the Defendants, jointly and/or severally, be ordered, directed and decreed to pay to the Plaintiff the sum of INR 3,54,90,246/-, along with further interest at the rate of 2% per month from the date of the Suit till payment/realization, plus costs, as per the Plaintiffs Particulars of Claim, Exhibit 'U' hereto. b. That the Defendant No. 1 Vessel Summer Sea (IMO no. 9639763), together with her hull, engines, gears, machinery, tackles, apparels, and paraphernalia, at present at the Krishnapatnam Port, or wherever she is within the territorial waters of India, be arrested by a Warrant of Arrest of this Hon'ble Court and the same be condemned in respect of the Claim herein and be ordered to be sold along with her hull, engines, gears, machinery, tackles, apparels, and paraphernalia and the net sale proceeds thereof be ordered to be applied to the satisfaction of the Plaintiffs claim herein and the cost of this Suit. c. That pending the hearing and final disposal of this Suit, the Defendant No. I Vessel, Summer Sea (IMO no. 9639763), together with her hull, engines. gears, machinery, tackles, apparels, and paraphernalia at Krishnapatnam Port, or wherever she is within the territorial waters of India, be arrested by a VVarrant of Arrest of this Hon'ble Court. d. -That pending the hearing and final disposal of this Suit, the Defendant No. 1 Vessel, Summer Sea (IMO no. 9639763) together with her hull, engines, gears, machinery, tackles, apparels, and paraphernalia at the Krishnapatnam Port or wherever she is within the territorial waters of India, he ordered to be appraised and sold and the net Sale Proceeds thereof be ordered to be deposited in this Hon’ble Court to the credit of this Suit. / e. For costs of this Suit. lA NO: 2 OF 2023 Between: Summer Sea (IMO NO.9639763), a Vessel flying the Marshall Islands Flag, IMO No. 9639763, along with all her hull, engines, gears, machinery, tackles, apparels, and paraphernalia, presently lying at the Krishnapatnam Port, Andhra Pradesh in the territorial waters of India, within the Admiralty Jurisdiction of this Hon'ble Court, Rep. by its Master. ... Petitioner/1 Defendant 1. Ennero DMCC, A company incorporated under the relevant laws of the United Arab Emirates, having their office at JBC1, Unit 2202 - Cluster G, Jumeirah Lake Tower, PO Box 336409, Dubai, UAE, Represented by its Authorised Representative, Mr.U. Subrahmanya Sarma. 2203, ...Respondent/Plaintiff Honor Summer Sea LTD, Care of Pretty Sea Ship Management Co Ltd, Room 1008-1012, China Merchants Tower, Shun Tak Centre, 168-200, Connaught Road Central, Central, Hong Kong, China. 3. Krishnapatnam Port Limited, Company Registered under the Companies Act, Having office at Adani Corporate House, Shantigram Near Vaishno Devi Circle, S. G. Highway, Khodiyar Ahmedabad Ahmedabad GJ 382421 Rep. by its Managing Director and Chief •Executive Officer. ...Defendants/Respondents Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pleased to vacate the interim order dated 13th October 2023 passed in IA.No.1 of f M 2023 in COMS.No. 2 of 2023 there by directing the release of Vessel SUMMER SEA(IMO No.9639763) presently lying in the port of Krishnapatnam lA No.1 of 2023: Petition filed under Order 39, Rule 1 & 2 of C.P.C. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased to order, that pending the hearing and final disposal of the suit, the Respondent No.1 vessel SUMMER SEA (IMO NO.9639763), together with her hull, engines, gears, tackle, machinery, articles, things, boats, bunkers, appeal, plant, furniture, fixtures, equipment, paraphernalia and all other appurtenances at present lying at the port and harbour of KRISHNAPATNAM within the territorial waters of India, or wherever she is within the territorial waters of India, be arrested by a Warrant of Arrest of this Hon’ble Court. Counsel for the Petitioner : Sri. S.V.S.S.Siva Ram Counsel for Respondent No.1 : M/s Indus Law Firm X Counsel for Respondents No.2,3: M/s BOSE & MITRAL & CO. The Court made the following: V THE HON’BLE SRI JUSTICE V.SRiNIVAS COMMERCIAL SUIT No.2 of 2023 ORDER: Today, when the matter is taken up, the plaintiff filed a Memo, dated 09.05.2025 along with settlement agreement with the defendants saying that the plaintiff has compromised with the defendants and that the learned counsel appearing for the plaintiff intimated the Court that the plaintiff had instructed the counsel to withdraw the present case. Learned counsel for the respondents/defendants is present and conceded that there is settlement and the settlement agreement is placed on record. 2. It is further submitted by the learned counsel for the plaintiff that they may be permit to withdrawof the suit. 3. Perused the Memo along with settlement agreement, plaintiff is permitted to withdraw the suit. Hence, the suit is dismissed as withdrawn. 4. N Learned counsel for the defendant No.1 submits that, in this case, by virtue of order of this Court, dated 18.10.2023, the defendants in particular the defendant No.1 deposited the amount of Rs.3,54,90,246/- (Rupees Three Crores Fifty Four Lakhs Ninety Thousand Two Hundred and Forty Six Only) by way Of RTGS vide Transaction dated 17.10.2023 to the account of the Registrar (Judicial), High Court of Andhra Pradesh. 5. I 2 / 6. Learned counsel for the defendants by name Bose & Mitra & Co. appeared through virtual mode and requested this Court to release the security sum as deposited by their firm, since settlement between plaintiff and defendants arrived at and that the above settlement into the Court by their firm after amount amount was deposited received by Pretty Sea Ship Management Co. Limited and also requested to direct the Registrar (Judicial) to remit the said amount along with accrued interest if any, by way of RTGS as per the details mentioned in the additional memo filed on behalf of the defendant No.1. 7. In pursuance of the same, since the suit is disposed. Registrar (Judicial) High Court of A.P. is directed to remit the said amount along with interest if any, by way of RTGS, as per the details mentioned in the additional memo filed on behalf of the defendant No. 1. accrued 8. Bose & Mitra & Co. are directed to remit the said sum upon receipt of the same from the Registrar (Judicial) High Court of A.P. to Pretty Sea ^hip Management Co. Limited. 9. Accordingly, the commercial suit is dismissed as withdrawn. Interifri order granted earlier, if any, shall stand vacated. As a sequel, miscellaneous petitions pending, if any shall stand closed. Sd/- S.V.S.R.MURTHY JOINTxREGI RAR //TRUE COPY// SEi To, ON OFFICER 1. The Registrar (Judicial), High Court of Andhra Pradesh at Amaravathi SUMMER SEA (IMO NO.9639763), a Vessel flying the Marshall Islands Flag, IMO no. 9639763, along with ail her hull, engines, gears, machinery, tackles, apparels, and paraphernalia, presently lying at the Krishnapatnam Port, Andhra Pradesh in the territorial waters of India, within the Admiralty Jurisdiction of this Hon'ble Court, Rep. by its Master. 2. HONOR SUMMER SEA LTD, Care of Pretty Sea Ship Management Co Ltd, Room 1008-1012, China Merchants Tower, Shun Tak Centre, 168- 200, Connaught Road Central, Central, Hong Kong, China. 3. KRISHNAPATNAM PORT LIMITED, Company Registered under the Companies Act, Having office at Adani Corporate House, Shantigram, Near Vaishno Devi Circle, S. G. Highway, Khodiyar Ahmedabad Ahmedabad GJ 382421 Rep. by its Managing Director and Chief Executive Officer. 4. 5. One CC to Sri. S.V.S.S.Siva Ram Advocate [OPUC] 6. One CC to M/s Indus Law Firm Advocate [OPUC] The Section Officer, Accounts Section, High Court of Andhra Pradesh at Amaravathi 8. OneCCto M/s BOSE & MITRA & CO., Advocate [OPUC] 9. The Section Officer, OS Section, High Court of Andhra Pradesh at Amaravathi 10. Three CD Copies HIGH COURT SV, J DATED;09/05/2025 ORDER COMS.No.2 of 2023 DISMISSING THE COMS AS WITHDRAWN