NARMADA BIO-CHEM LIMITED v. MV ABK LEGEND (IMO 9238674)
AS/56/2025 · 2025-07-24
Mauna M Bhatt
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5295 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5295 (GUJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C/AS/56/2025 ORDER DATED: 24/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/ADMIRALTY SUIT NO. 56 of 2025 ========================================================== NARMADA BIO-CHEM LIMITED Versus MV ABK LEGEND (IMO 9238674) ========================================================== Appearance: DS AFF.NOT FILED (N) for the Defendant(s) No. 1 MR SUKUMAR M TIRTHANI(12200) for the Plaintiff(s) No. 1 ==========================================================
CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 24/07/2025
ORAL ORDER
1. Learned Advocate Ms. Harshita Agrawal mentioned the suit today for early listing as she has instructions to withdraw it because the Plaintiff’s claim against the Defendant Vessel has been satisfied through an out-of-court payment and settlement.
2. Learned Advocate Ms. Harshita Agrawal has also tendered a pursish and submits that after the passing of the arrest
order dated 23 July 2025, and service of the same, one ABK Ship Management Ltd, Greece, the commercial and safety managers of the Defendant Vessel made a payment of USD 84,656.67 to settle the Plaintiff's claim. The said sums are acceptable to the Plaintiff as full and final settlement of
C/AS/56/2025 ORDER DATED: 24/07/2025 its claims against the Defendant Vessel. This pursish is ordered to be taken on record.
3. Learned Advocate Ms. Harshita Agrawal further submits that as the Plaintiff's claims now stand satisfied, the Plaintiff seeks to withdraw the captioned suit as settled.
4. In light of the submissions made and the pursish tendered, the Plaintiff is permitted to withdraw the suit. Furthermore, the Defendant Vessel is also released from arrest and the arrest order dated 23 July 2025 stands vacated.
5. The registry is directed to issue a Warrant of Release forthwith and send it immediately to the email addresses mentioned in the arrest order dated 23 July 2025. The Port and Customs Authorities at Kandla are directed to act on the email message and ordinary copy of the order, and shall release the Defendant Vessel from arrest immediately.
6. It is also open for the Plaintiff’s Advocates to communicate this order by email to the Port and Customs authorities at Kandla Port, and the Port and Customs are directed to act on the email message with an ordinary copy of this order
C/AS/56/2025 ORDER DATED: 24/07/2025
7. In light of the foregoing, the suit is disposed of as withdrawn. Permissible court fees may be refunded in the name of the Plaintiff’s Advocates. Direct Service TODAY is permitted.
(MAUNA M. BHATT,J) NAIR SMITA V./01-SB-II 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 24/07/2025 12:44:35