C/AS/41/2025 ORDER DATED: 10/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/ADMIRALTY SUIT NO. 41 of 2025 ========================================================== ARYAN ENTERPRISE Versus M.T. NAVE PULSAR (IMO - 9379313) ========================================================== Appearance: MR DAKSHESH MEHTA(2430) for the Defendant(s) No. 1 MR. RUSHANG D MEHTA(6989) for the Defendant(s) No. 1 MR. JAIMIN R DAVE(7022) for the Plaintiff(s) No. 1 MS PAURAMI B. SHETH(841) for the Plaintiff(s) No. 1 ========================================================== CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT Date : 10/07/2025 ORAL ORDER 1. Heard Mr. Jaimin R Dave, learned advocate for the Plaintiff and Mr. Rushang D Mehta, along with Mr. Prathamesh N. Kamat, Ms. Ankita Sen and Mr. Vishesh R. Kulkarni learned advocates for the Defendant No.1. 2. Learned Adv. Mr. Jaimin R. Dave appearing for the Plaintiff has submitted that the dispute under the Suit has been fully settled pursuant to an out of court settlement, the Plaintiff is seeking withdrawal of the present Suit. Learned advocates have also tendered a joint purshish dated 10.07.2025. Page 1 of 4 C/AS/41/2025 ORDER DATED: 10/07/2025 3. Mr. Prathamesh N. Kamat, Mr. Rushang Mehta, Ms. Ankita Sen and Mr. Vishesh Kulkarni, learned Counsel for Defendant No. 1., the Registered Owners have prayed that given the disputes have been resolved ad Plaintiff seeks to withdraw the present Suit, the Order of Arrest dated 08.07.2025, be vacated forthwith and the Defendant No. 1 Vessel be released from arrest forthwith. 4. Mr. Jaimin R Dave, Learned Advocate for the Plaintiff has no objection and states that this Court may kindly pass appropriate order. 5. Heard the Learned Advocates for the respective parties. The joint purshish dated 10.07.2025 is ordered to be taken on record. In light of the fact that the withdrawal of the present suit is sought based on an out of court settlement of the Plaintiff’s claim, the following order is passed: 5.1 The arrest order dated 09/07/2025 is vacated and the Defendant No. 1 Vessel is released from arrest. 5.2 The Registry is directed to issue release warrant forthwith and the Defendant No. 1 Vessel is permitted to sail out of Deendayal, Kandla Port and Harbour. Page 2 of 4 C/AS/41/2025 ORDER DATED: 10/07/2025 5.3 Looking to the present situation, the Registry is directed to send this order to the Deendayal Port/Port and Customs at Kandla through Fax and/or Email, directing Deendayal Port/Port and Customs authorities at Kandla to forthwith release the Defendant Vessel. All Authorities (including the Port Officer and Customs Authority) at Kandla/Deendayal Port/Port at Kandla shall act on an Fax and/or E-mail forwarding the copy of this order, and permit the Defendant No. 1 Vessel to sail out of the Deendayal Port of Kandla and for this shall render all necessary assistance to the Defendant No. 1 Vessel and its representatives. The Registry to send the email to the following E-mail addresses: a. dydirector@deendayalport.gov.in b. harbourmaster@deendayalport.gov.in c. dyconservator@deendayalport.gov.in d. srdydirector@deendayalport.gov.in e. dycvo@deendayalport.gov.in f. vo@deendayalport.gov.in g. kandlacustoms@gmail.com h. hmofficekpt@gmail.com 5.4 It is also open for the Defendant’s advocates to directly communicate this order by Email to the Port and Customs authorities who are directed to act on the email message with C/AS/41/2025 ORDER DATED: 10/07/2025 an ordinary copy of this order. 5.5 The Registry is directed to ascertain the court fee to be refunded to the Plaintiff’s Advocate and accordingly initiate process for refund of such court fees to the Plaintiff’s Advocate. 5.6 The Registry is directed to intimate the order to the concerned officers of Port and Customs at Kandla/Deendayal Port/Port at Kandla through E-mail by today itself. 6. With the aforesaid directions, the present suit is disposed of as withdrawn and any civil applications or other applications filed therein shall also stand disposed of. (MAUNA M. BHATT,J) SHRIJIT PILLAI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PILLAI SHRIJIT P(HC01400), PRIVATE SECRETARY, at High Court of Gujarat on 10/07/2025 17:37:33