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2025 DAILYLAW 8856 (GUJ)

SHRI GAUTAM SHIP BREAKING INDUSTRIES PVT. LTD. v. M.T. CONICO ATLAS (IMO NO 9288693)

AS/77/2025 · 2025-12-15

Mauna M Bhatt

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C/AS/77/2025 ORDER DATED: 15/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/ADMIRALTY SUIT NO. 77 of 2025 ========================================================== SHRI GAUTAM SHIP BREAKING INDUSTRIES PVT. LTD. Versus M.T. CONICO ATLAS (IMO NO 9288693) & ANR. ========================================================== Appearance: MR DHRUVIL G MERCHANT(9004) for the Defendant(s) No. 1 MR. OM D. SHAH(18713) for the Plaintiff(s) No. 1 MS PAURAMI B. SHETH(841) for the Plaintiff(s) No. 1 ========================================================== CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT Date : 15/12/2025 ORAL ORDER 1. Learned Advocate Ms. Paurami Sheth appearing with Learned Advocate Mr. Om Shah for the Plaintiff has tendered a Purshish dated 15.12.2025 contending inter alia that the Plaintiff has resolved the dispute outside this Court and requested to pass appropriate orders inter alia of withdrawal of suit unconditionally without effective hearing, release of vessel pursuant to arrest order dated 25.09.2025, and withdrawal of undertakings furnished by the Defendant to the Court on 06.10.2025 and 11.10.2025. The said Purshish is taken on record and shall form part of this order. Page 1 of 5 C/AS/77/2025 ORDER DATED: 15/12/2025 2. Learned Advocate Mr. Sukumar Tirthani with Mr. Dhruvil Merchant for the Defendant has no objection if the orders sought in the Purshish are passed. 3. Considering the Purshish and submissions of the Learned Advocates of the parties, this Court passes the following Order: A. The captioned Suit is disposed of as withdrawn unconditionally, as settled, and without an effective hearing. B. The Defendant Owner is discharged from the Undertaking dated 06.10.2025 and 11.10.2025. C. The order dated 25.09.2025 and 29.09.2025 are modified accordingly. The Defendant vessel is released from arrest and free to sail. D. The Port and Customs Authorities at Alang, Bhavnagar shall issue all NDC and Port Clearance (PC) based on the statutory certificate available on board, including the insurance certificate and grant all departure permission on the basis of the existing certificates and documents available on board C/AS/77/2025 ORDER DATED: 15/12/2025 E. All the disputes related to the Defendant vessel raised in the captioned Admiralty Suit are settled. F. The Plaintiff is hereby directed to issue a No Objection Certificate in respect of the Defendant Vessel to the Customs Authorities, Alang, stating that the Plaintiff has no objection whatsoever to the issuance or grant of any port, customs, or other statutory permissions, approvals, or clearances required for the vessel Conico Atlas, IMO 9288693, to sail from Alang Port and depart Indian waters and the sailing of the Defendant Vessel outside the jurisdiction of this Court. This NOC will be issued as per the final draft agreed and exchanged by the Advocates of the parties. G. The registry is directed to intimate immediately about this order to Port and Customs at Alang Port, Bhavnagar at following addresses: a. Cusdiv-bvr@nic.in , b. cusprevhg-jmr@nic.in , c. gmbad@sancharnet.in , C/AS/77/2025 ORDER DATED: 15/12/2025 d. trf.pogmbbvr@gmail.com , e. rahul.parmar@icegov.in , f. alanggmb@yahoo.com , g. trf.pogmbbvr@gmail.com , h. Sbyalangcdbvr199@gmail.com , i. pogmbalang@gmail.com , j. alanggmb@yahoo.com , k. shrushtilogistic@gmail.com , l. Rogpcb-bhav@gujarat.gov.in , H. The registry is directed to refund the permissible court fees in the name of the Learned Advocate of the Plaintiff. 4. It is further directed that Authorities at Alang Port, Bhavnagar shall act on Email copy of the order and permit the Defendant Vessel, MT CONICO ATLAS (IMO : 9288693) to sail with respect to the captioned suit. 5. It is also open for the Learned advocate’s appearing for the respective parties to communicate the above order by Email and the Port and Customs Authorities at Alang, Bhavnagar are directed to act on Email message with an ordinary copy of this order. Page 4 of 5 C/AS/77/2025 ORDER DATED: 15/12/2025 Direct Service today is permitted. (MAUNA M. BHATT,J) NAIR SMITA V./41 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 15/12/2025 15:27:57