C/AS/8/2025 ORDER DATED: 04/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/ADMIRALTY SUIT NO. 8 of 2025 With CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2025 In R/ADMIRALTY SUIT NO. 8 of 2025 ========================================================== ASRAR AHMED S/O IBRAHIM BUMARAGE Versus MT MARITIME EQUATOR (IMO 9732034) ========================================================== Appearance: M/S.VYAS ASSOCIATES(1559) 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 : 04/11/2025 ORAL ORDER 1. The captioned Admiralty Suit has been filed by the Plaintiff against the Defendant vessel, inter-alia for recovery of a sum of USD 232,641.00 (United States Dollars Two Hundred and Thirty-Two Thousand Six Hundred And Forty One Only) comprising of: (a) USD 139,513.00 towards alleged pending compensation, i.e. USD 150,000.00 less USD 10,487.00 (compensation already paid by the Owner of the MARITIME COMITY on which the Plaintiff had been employed); (b) USD 78,128.00, being the alleged interest payable at the rate of 24% per annum from 06-12-2022 till date of filing of the Suit; and (c) legal costs quantified at USD C/AS/8/2025 ORDER DATED: 04/11/2025 15,000.00, in respect of the Plaintiff’s alleged claim for disability compensation, arising out of and/or in connection with injury alleged to have been suffered by the Plaintiff during his employment onboard the vessel, m.t. MARITIME COMITY. The Plaintiff’s claim admittedly relates to his employment onboard the vessel, m.t. MARITIME COMITY. 2. By an Order dated 20th March 2025, this Hon’ble Court passed Orders for arrest of the Defendant Vessel. 3. The Owner of the Defendant vessel, Equator Navigation Pte. Ltd., without prejudice to all rights, contentions and defenses in the matter, deposited the sum of USD 233,000.00 (United States Dollars Two Hundred and Thirty-Three Thousand Only) into this Hon’ble Court’s USD Account maintained with the Punjab National Bank, as security towards the Plaintiff’s claim in the Suit. Accordingly, on 21st March 2025, this Hon’ble Court passed Orders for release of the Defendant vessel. 4. By a subsequent Order dated 25th March 2025, this Hon’ble Court clarified that though the Owner of the Defendant vessel had remitted and transferred the sum of USD 233,000.00 towards security, in view of certain deduction of transaction charges by the Banks, only the sum of USD C/AS/8/2025 ORDER DATED: 04/11/2025 232,988.00 (United States Dollars Two Hundred and Thirty- Two Thousand Nine Hundred And Eighty Eight Only) had been received and credited into the USD Bank Account of this Hon’ble Court, and appropriate Orders to amend/correct Paragraph No. 5 of the Order dated 21st March 2025 were passed by this Hon’ble Court. 5. The sum of USD 232,988.00 (United States Dollars Two Hundred and Thirty-Two Thousand Nine Hundred and Eighty- Eight Only) deposited as security towards the Suit claim has since been lying in an interest bearing account. 6. During the pendency of the Suit and Civil Application No. 1 of 2025 filed by the Owner of the Defendant vessel in the Suit, without prejudice discussions ensued between the parties through their respective Advocates, resulting in an amicable lumpsum settlement of the Suit, and all matters arising out of and/or relating to the Plaintiff’s employment onboard the vessel, m.t. MARITIME COMITY, on 17th October 2025. For recording the settlement, the advocates for the parties have furnished a pursis which is ordered to be taken on record. 7. The agreed settlement provides for : (a) the Plaintiff to receive a lumpsum of USD 50,000.00 (United States Dollars C/AS/8/2025 ORDER DATED: 04/11/2025 Fifty Thousand Only) from the Owner of the Defendant Vessel, in full, final, global and complete settlement and in absolute extinguishment of all demands, claims, dues, and liabilities whatsoever arising out of or related to the Plaintiff’s purported claim for disability compensation allegedly arising out of his employment onboard the vessel, m.t. MARITIME COMITY, and/or any and all consequences arising therefrom, and the Suit; and (b) for the Plaintiff to unconditionally withdraw the Suit as settled out of Court. The Plaintiff has agreed to receive payment of the lumpsum settlement amount of USD 50,000.00 from the security lying in this Hon’ble Court. Pursuant thereto, the Parties are filing these Minutes of Order. 8. In view of the settlement, as described above, having been reached between the parties, the Registry is to forthwith pay the Indian rupee equivalent of the settlement amount of USD 50,000.00 to the Plaintiff, Mr Asrar Ahmed Kokadige, by transferring to his Bank Account, details whereof are as follows: Bank: State Bank of India Account Number: 40243879336 Name of Holder: Mr Asrar Ahmed. IFSC: SBIN0018060 C/AS/8/2025 ORDER DATED: 04/11/2025 Branch: Kathrikadavu, Kerala The balance amount of the security (including accrued interest) after payment as above to the Plaintiff, to be forthwith returned, paid and remitted to the Owner of the Defendant vessel, Equator Navigation Pte. Ltd., by transfer to their Bank Account, details whereof are as follows: Beneficiary Name: Equator Navigation Pte. Ltd. Beneficiary Bank: BNP Paribas, Singapore Branch Beneficiary Account Number: 00050-041664-001-07-USD Beneficiary Bank Address: 20 Collyer Quay 01-01 049319 Singapore SWIFT CODE: BNPASGSG 9. The Registry is further directed to conclude the aforementioned exercise of transferring sums within two (2) weeks from the date of this order. 10. Payment and settlement of this matter is in no way to be construed as an admission of liability or responsibility on the part of the Defendant vessel and/or her interests. 11. For and in consideration of the settlement as set out herein, the Plaintiff unequivocally agrees, confirms and C/AS/8/2025 ORDER DATED: 04/11/2025 warrants that the Defendant vessel, her sister-vessel/s, Owners, Charterers, Operators, Managers, Manning Agents, RPSL Agents and all parties interested in the Defendant vessel, as well as the vessel, MARITIME COMITY, and all persons interested in her, are hereby absolutely and forever released of and discharged from any and all claims, demands, liabilities, and causes of action whatsoever, arising out of, or in connection with, or as a consequence of the subject matter of the Suit and asserted in respect of the captioned Suit by the Plaintiff. The Plaintiff further agrees and warrants not to make any claims or demands or to commence or continue any actions or proceedings against any other person, corporation or entity in respect of Suit claim; and the Plaintiff agrees to have the Admiralty Suit unconditionally withdrawn, without seeking any costs. 12. The Suit thus stands settled as recorded herein, and the Suit stands disposed of as unconditionally withdrawn, and all Orders passed in the Suit stand vacated. The pending Civil Application in the Suit also stands disposed of as nothing now survives therein. 13. The Plaintiff confirms that all matters in relation to his employment onboard the vessel, MARITIME COMITY, including his alleged claim for disability compensation, are C/AS/8/2025 ORDER DATED: 04/11/2025 fully, finally, globally, and irrevocably settled and concluded; and there are no outstanding issues, claims, dues, demands, liabilities whatsoever in relation thereto and/or arising therefrom. The Plaintiff undertakes and warrants to unconditionally and unequivocally be bound by all that has been recorded herein. 14. Accordingly, the Suit stands fully and finally settled. 15. Parties to bear and pay their own costs. 16. Refund of Court Fees as per Rules. 17. All parties to act on an ordinary copy of this Order. 18. The Suit stands dismissed as withdrawn. Civil Application also stands disposed of. (MAUNA M. BHATT,J) PD Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PARUL DUTTA(HCD0073), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 04/11/2025 17:16:36