::1:: APHC010668322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA IA Nos.3 & 4 OF 2025 IN/AND COMMERCIAL SUIT NO: 9/2025 Between: 1. INDIAN POTASH LIMITED, SEETHAKATHI BUSINESS CENTRE, 1ST FLOOR, 684-690 ANNA SALAI, CHENNAI, TAMILNADU - 600 006, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, MR. RAVI AGARWAL. ...PETITIONER AND 1. M V LARDOS IMO NO 9550280, A VESSEL FLYING THE FLAG OF MARSHALL ISLANDS, ALONG WITH ALL HER HULL, ENGINES, GEARS, MACHINERY, TACKLES, APPARELS AND PARAPHERNALIA, PRESENTLY LYING IN THE VISAKHAPATNAM PORT, IN TERRITORIAL WATERS OF INDIA, WITHIN THE ADMIRALTY JURISDICTION OF THIS HONBLE COURT, C/O. OCM MARITIME WASHINGTON LLC, GENOA SHIPPING SA 6, NIREOS STREET, PALAIO FALIRO, 166 73, ATHENS, GREECE. ::2:: 2. THE PORT OFFICER, VISAKAPATNAM PORT AND HARBOUR. THE VISAKHAPATNAMPORT AUTHORITY, HAVING ITS OFFICE AT PORT AREA, VISAKHAPATNAM- 530035 ...RESPONDENT(S): May be pleased to perrhit the Plaintiff to withdraw the present suit in COMS No. 9 of 2025 and consequently vacate the arrest order dated 09.12.2025 in I.A No.2 of 2025 in COMS No. 9 of 2025 and permit the Defendant No.1 vessel to sail from Visakhapatnam Port and pass Counsel for the Petitioner: 1. SAI SANJAY SURANENI Counsel for the Respondent(S): 1. D S SIVADARSHAN ::3:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA I.A.Nos.3 and 4 of 2025 in/and C.O.M.S.No.9 of 2025 This Court made the following COMMON ORDER: I.A.No.3 of 2025 is filed by the petitioner/plaintiff seeking for a direction to the Registry to refund the Court fees of Rs.3,58,039/- (Rupees three lakhs fifty eight thousand and thirty nine only) to the plaintiff’s nominated bank account. 2. I.A.No.4 of 2025 is filed to permit the plaintiff to withdraw the present suit in C.O.M.S.No.9 of 2025 and consequently, vacate the arrest order, dated 09.12.2025 passed in I.A.No.2 of 2025 and also permit Defendant No.1 – vessel to sail from Visakhapatnam Port. 3. Heard Sri Sai Sanjay Suraneni, learned counsel for the plaintiff, and Sri D.S. Sivadarshan, learned counsel for Defendant No.1. ::4:: 4. In the affidavit filed in support of I.A.No.4 of 2025, it is stated that the plaintiff and owners of Defendant No.1 – Vessel have entered into “Terms of Settlement” dated 29.12.2025 and consequently, seeks permission to withdraw the present suit in C.O.M.S.No.9 of 2025. Since both the parties entered into an agreement and the plaintiff itself intends to withdraw the suit, permission is accorded. 5. In view of the same, I.A.No.4 of 2025 is allowed and the plaintiff/petitioner is permitted to withdraw the suit, accordingly suit is dismissed as withdrawn. 6. In view of the orders passed in I.A.No.4 of 2025, the Commercial Suit No.9 of 2025 is dismissed as withdrawn. There shall be no order as to costs. 7. Since the suit is dismissed, the orders passed by this Court in I.A.No.2 of 2025, dated 09.12.2025 become infructuous, accordingly I.A.No.2 of 2025 also closed as infructuoous. 8. In view of the withdraw of the suit, the plaintiff is entitled for refund the Court fee of Rs.3,58,039/- Rupees three lakhs fifty ::5:: eight thousand and thirty nine only) which is said to be deposited by the plaintiff along with the plaint. 9. Accordingly, I.A.No.3 of 2025 is allowed, directing the Registry to refund the Court Fee of Rs.3,58,039/- Rupees three lakhs fifty eight thousand and thirty nine only) deposited by the plaintiff along with the plaint. Registry is directed to comply the above order within a period of four (04) weeks from today. _________________________________ VENKATESWARLU NIMMAGADDA, J Dt: 29.12.2025 NOTE: Issue CC by 30.12.205 (B/o) krk ::6:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA IA Nos.3 & 4 OF 2025 IN/AND COMMERCIAL SUIT NO: 9/2025 DT: 29.12.2025 krk 50