ZURBAGAN SHIPPING LLC v. C S FLOURISH (IMO NO. 9438365)
CP/282/2024 · 2025-11-19
V Srishananda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79798 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79798 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:47588 CP No. 282 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 282 OF 2024
BETWEEN:
ZURBAGAN SHIPPING LLC A COMPANY INCORPORATED UNDER THE LAW OF UNITED ARAB EMIRATES (UAE) WITH ITS REGISTERED OFFICE AT 1501.03 GALLERIA INVESTMENTS LLC, BUR DUBAI FIRST TRADE CENTER, UAE REPRESENTED BY ITS CONSTITUTED ATTORNEY DR. SHRIKANT PARESHNATH HATHI …PETITIONER (BY SRI. ARJUN RAO, ADVOCATE)
AND:
1.
C.S. FLOURISH (IMO NO. 9438365) A FOREIGN VESSEL FLYING THE FLAG OF PANAMA AND HER OWNER AND ALL OTHER PERSONS CONNECTED AND /OR INTERESTED IN HER A CHEMICAL/OIL TANKER FLYING TOGETHER WITH HER HULL, TACKLE, BOATS, MACHINERY, EQUIPEMENT, APPURTENANCES, AND ALL OTHER PARAPHERNALIA PRESENTLY AT THE PORT AND HARBOR OF NEW MANGALORE WITHIN THE TERRITORIAL WATERS OVER WHICH,THIS HONBLE COURT EXERCISES JURISDICTION
2.
NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE-575 010
Digitally signed by NANDINI R Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:47588 CP No. 282 of 2024
D K DISTRICT, KARNATAKA REPRESENTED BY ITS CHAIRMAN.
3.
CONTINENTAL DRY BULK LIMITED A COMPANY INCORPORATED UNDER THE LAWS OF MARSHALL ISLANDS, WITH ITS OFFICE AT TRSUT COMPANY COMPLEX, AJELTAKE ROAD AKJELTAKE ISLAN MAJURO MARSHALL ISLANDS MH 96960. …RESPONDENTS
(BY SRI. DHANYA T. MALLAR, ADVOCATE FOR R1;
SRI. ANUP SEETHARAM RAO, ADVOCATE FOR R2)
THIS CIVIL PETITION IS FILED UNDER SECTION 5 READ WITH SECTION 3 OF THE ADMIRALTY JURISDICTION AND SETTLEMENT OF MARITIME CLAIMS ACT, PRAYING TO DIRECT THE RESPONDENT VESSEL C.S. FLOURISH IMO NO. 9438365 TOGETHER WITH HER HULL, ENGINES, GEARS, TACKLES, BUNKERS MACHINERY, APPAREL, PLANT, FURNITURE, FIXTURES, APPURTENANCES AND PARAPHERNALIA, PLANT AND MACHINERY AT PRESENT LYING AT NEW MANGALORE PORT, OR WHEREVER SHE IS WITHIN THE TERRITORIAL WATERS OF INDIA BE, ARRESTED BY ORDER OF THIS HONBLE COURT AS SECURITY FOR THE PAYMENT OF THE PETITIONER'S CLAIM PENDING IN ARBITRATION PROCEEDINGS AMOUNTING TO A SUM OF USD 1,615,290.26 AND EUR 158,918.87 TOTALLING APPROXIMATELY RS. 14,96,50,036 (RUPEES FOURTEEN CRORE, NINETY-SIX LAKH, FIFTY THOUSAND AND THIRTY-SIX ONLY) (AT THE CURRENT EXCHANGE RATE) AND COST OF USD 20,000 APPROXIMATELY RS. 16,75,000/- (AT THE CURRENT EXCHANGE RATE) ALONG WITH INTEREST OF 18% FROM THE DATE OF FILING THE PETITION TILL PAYMENT AND /OR REALIZATION OR DISPOSAL OF ARBITRATION PROCEEDINGS, AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
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HC-KAR NC: 2025:KHC:47588 CP No. 282 of 2024
ORAL ORDER
Learned counsel for the petitioner has filed a memo dated 19.11.2025, which reads as under:
"The Petitioner seeks to withdraw the present Petition and respectfully prays that this Hon'ble Court may dismiss the present Petition as withdrawn".
2. Placing the memo on record, petition is dismissed as withdrawn.
In view of the above, pending IA.Nos.4/2025 and 7/2025 are also disposed of.
Amount in deposit is ordered to be withdrawn by the respondents under due identification.
Sd/- (V SRISHANANDA) JUDGE
NR/- List No.: 1 Sl No.: 15