C/AS/43/2024 ORDER DATED: 13/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/ADMIRALTY SUIT NO. 43 of 2024 ========================================================== BERKLEY INSURANCE COMPANY (SINGAPORE BRANCH Versus M V TROPICAL STAR (IMO NO.9312339) ========================================================== Appearance: MS PAURAMI B. SHETH(841) for the Defendant(s) No. 1 MR DAKSHESH MEHTA(2430) for the Plaintiff(s) No. 1 MR. RUSHANG D MEHTA(6989) for the Plaintiff(s) No. 1 ========================================================== CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT Date : 13/06/2025 ORAL ORDER 1. Heard Mr. Rushang D. Mehta, learned advocate for the Plaintiff and Mr. Darshankumar Kabra, Learned Advocate for Ms. Paurami Sheth, learned advocate for the Defendant. 2. Learned advocates for the parties have filed a joint Purshish dated 13.06.2025 with copy of the Settlement Agreement dated 30.04.2025 duly signed by the authorised representatives of the respective parties and prayed to ass appropriate orders in terms of the said Purshish, The said Purshish and Settlement Agreement are ordered to be taken C/AS/43/2024 ORDER DATED: 13/06/2025 on record and forms part of this order. 3. It is stated in the Joint Purshish, that the Owner of the Defendant Vessel entered appearance through its Advocate and tendered security of USD 261,000 (i.e., equivalent to the Suit claim of EUR 243,700) and got the Vessel released vide an order dated 18.11.2024. 4. The learned advocates for the parties have submitted that the parties have amicably resolved all disputes and executed a Settlement Agreement dated 30.04.2025. Placing reliance on the relevant terms of the Settlement Agreement, parties have submitted that the Owner of the Defendant Vessel has agreed to pay a sum of USD 10,000 to the Plaintiff, inter alia, as and by way of full and final settlement of the entire Suit claim. It is further submitted that the Plaintiff shall receive the USD 10,000 (in the nominated bank account recorded in Purshish) out of the security amount lying with the Registry and withdraw the aforesaid Suit, and the C/AS/43/2024 ORDER DATED: 13/06/2025 Defendant shall receive the balance security amount, along with accrued interest thereon (in the nominated bank account recorded in the Purshish). The learned advocates further submitted to pass appropriate orders in terms of the Purshish and the Settlement Agreement. 5. In view of the Purshish and the submissions made, the following orders are passed. (A) The captioned Suit is disposed of as withdrawn without effective hearing and going into the merits of the matter. (B) The Registry is directed to remit the amount of USD 10,000 to the Plaintiff out of security amount deposited in the captioned suit in its following designated bank account within 2 weeks from the date of this order: Beneficiary Name Berkley Insurance Company (Singapore C/AS/43/2024 ORDER DATED: 13/06/2025 Branch) BIC SG DIRECT OIF – USD Beneficiary A/c No. 0-854107-119 Bank Name Citibank N.A. Bank Address Singapore Branch, 8 Marina View #16-01, Asia Square Tower 1,Singapore, 018960 Swift Code CITISGSG (C) The Registry is further directed to remit the balance security amount along with accrued interest to the following designated bank account within 2 weeks from the date of this order: Bank Name and Address CIMB Islamic Bank Berhad, Sibu Branch Bank Address: 1,Lorong Kampong Datu 5, Jalan Kampong Datu, 96000 Sibu, Sarawak, Malaysia Swift Code：CIBBMYKL Beneficiary Name TROPICAL SHINE SDN BHD Beneficiary Address No. 4, 2nd Floor. Lorong, Kapong Dato 3, 96000 SIBU, Sarawak, Malaysia. Page 4 of 5 C/AS/43/2024 ORDER DATED: 13/06/2025 Beneficiary USD A/C Number 860509047740（USD） Bank SWIFT CIBBMYKL 6. The Registry is directed to refund permissible court fees in the name of the advocate for the Plaintiff. 7. As the main Admiralty Suit is disposed of as withdrawn, connected Civil Applications(s), if any, shall also stand disposed of, accordingly. 8. There shall be no order as to costs. Direct service is permitted. (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 13/06/2025 15:34:53