APHC010029232024 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SMT JUSTICE V.SUJATHA COMMERCIAL SUIT NO: 1/2024 Between: 1. SUNRAJA OIL INDUSTRIES PVT LTD, HAVING ITS REGISTERED OFFICE AT PULIYANKADU, MOOLAKKARAI, PERUNDURAI ROAD, NASIYANUR (POST), ERODE MANAGING DIRECTOR MR. GANDHIRAJAN 1. OWNERS AND PARTIES INTERESTED IN THE VESSEL MT WHITE PEACHIMO 9328144, Now lying at the Port of Kakinada and is Represented by its Master. The Plaintiff therefore prays for a Judgment and Decree against the Defendant (a) For a sum of Rs. Lakhs Sixty-Nine Thousand Seven hundred and fifty @ 36percent p.a. from the date of this Plaint till the date of realization in full (b) For arrest and sale of the Defendant Vessel MT WH 9328144), in as is where is condition, together with her hull. tackle, machinery, boats, bunkers equipment, paraphernalia and all other appurtenances presently in the Indian waters at the Port of Kakinada, Andhra Pradesh State, India (c) For a direction to adjust the sale proceeds of the Defendant Vessel MT WHITE PEACH (IMO 9328144) against the suit claim (d) For costs of this Suit and (e) For such further or other reliefs as this Honble Court deems fit and proper in the circumstance render justice. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA COMMERCIAL SUIT NO: 1/2024 SUNRAJA OIL INDUSTRIES PVT LTD, HAVING ITS REGISTERED OFFICE AT PULIYANKADU, MOOLAKKARAI, PERUNDURAI ROAD, NASIYANUR (POST), ERODE - 638 107. REPRESENTED BY MANAGING DIRECTOR MR. GANDHIRAJAN ...PETITIONER AND OWNERS AND PARTIES INTERESTED IN THE VESSEL MT WHITE PEACHIMO 9328144, Now lying at the Port of Kakinada and is Represented by its Master. ...RESPONDENT The Plaintiff therefore prays for a Judgment and Decree against the Defendant (a) For a sum of Rs. 2,09,69,751/-. (Rupees Two Crores Nine Nine Thousand Seven hundred and fifty-one Only), with interest @ 36percent p.a. from the date of this Plaint till the date of realization in full (b) For arrest and sale of the Defendant Vessel MT WHITE PEACH (IMO 9328144), in as is where is condition, together with her hull. tackle, machinery, boats, bunkers equipment, paraphernalia and all other appurtenances presently in the Indian waters at the Port of Kakinada, Andhra ) For a direction to adjust the sale proceeds of the Defendant Vessel MT WHITE PEACH (IMO 9328144) against the suit claim (d) For costs of this Suit and (e) For such further or other reliefs as this Honble Court deems fit and proper in the circumstances of the case and thus IN THE HIGH COURT OF ANDHRA PRADESH [3333] SUNRAJA OIL INDUSTRIES PVT LTD, HAVING ITS REGISTERED OFFICE AT PULIYANKADU, MOOLAKKARAI, PERUNDURAI ROAD, 638 107. REPRESENTED BY ...PETITIONER OWNERS AND PARTIES INTERESTED IN THE VESSEL MT WHITE PEACHIMO 9328144, Now lying at the Port of Kakinada and is ...RESPONDENT The Plaintiff therefore prays for a Judgment and Decree against the . (Rupees Two Crores Nine one Only), with interest @ 36percent p.a. from the date of this Plaint till the date of realization in full ITE PEACH (IMO 9328144), in as is where is condition, together with her hull. tackle, machinery, boats, bunkers equipment, paraphernalia and all other appurtenances presently in the Indian waters at the Port of Kakinada, Andhra ) For a direction to adjust the sale proceeds of the Defendant Vessel MT WHITE PEACH (IMO 9328144) against the suit claim (d) For costs of this Suit and (e) For such further or other reliefs as this s of the case and thus IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to grant an order of arrest of the Defendant Vessel MT WHITE PEACH, in as is where is condition, together with her hull, tackle, engines, gear, plants, machinery, furniture and fittings, articles, things, apparels, equipments, sores and other paraphernalia on board the defendant vessel presently in Indian waters at the Port of Kakinada, Andhra Pradesh State, India; within the territorial waters of India pending disposal of the above suit and pass IA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased leased to direct the Plaintiff to pay the Applicant damages of USD 200,000 subject to the Applicant’s right to revise the aforesaid amount and pass IA NO: 3 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct, pending the disposal of the present Application and the Suit, vacate the Impugned Order dated 24.01.2024 and release the vessel MX WHITE PEACH (IMO 9328144) presently docked at Kakinada Port, Andhra Pradesh, India, in lieu of a security deposit of the claim amount of Rs. 2,09,69,751/- (Rupees Two Crores Nine Lakhs Sixty-nine Thousand Seven Hundred and Fifty-one) before this Hon’ble Court subject to outcome of the COMS No. 1 of 2024and pass IA NO: 4 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased For the reasons mentioned in the accompanying affidavit, during the pendency of the COMS No. 1 of 2024, it is prayed to this Hon’ble Court to direct the Plaintiff to provide security of USD 300,000 by way of a deposit with this Hon’ble Court or furnishing a nationalized bank guarantee to secure the Applicant’s claim for damages inter alia in accordance with Section 11 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act 2017 and pass IA NO: 5 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased For the reasons mentioned in the accompanying affidavit, direct the Plaintiffs to grant the costs of this Application and pass IA NO: 6 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased leased to permit me i.e., Chavva Dushyant Reddy to represent on behalf of Inerco Trade SA being the Authorised Signatory in the above suit in the interest of justice and pass IA NO: 7 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to vacate the Impugned Order on grounds that the Plaintiff has obtained a wrongful arrest of the vessel MT WHITE PEACH (IMO 9328144) presently docked at Kakinada Port, Andhra Pradesh, India and pass IA NO: 8 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to advance the above captioned matter bearing COMS No. 1 of 2024 from 21.02.2024 to 29.01.2024 or 30.01.2024 any other date for this Hon’ble Court and pass IA NO: 9 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to dismiss the COMS NO. 1 of 2024 and pass IA NO: 10 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased In the circumstances as aforementioned, this Applicant humbly prays before the Hon’ble Court: a) That the Plaint be rejected under the provisions of Order VII Rule 11 (a) of the Code of Civil Procedure, 1908; b) That the Plaint be rejected under the provisions of Order VII Rule 11 (d) of the Code of Civil Procedure, 1908; c) Alternatively, that the Suit be dismissed as being frivolous, vexatious, and bogus in exercise of the inherent powers of this Hon’ble Court under Section 151 of the Civil Procedure Code, 1908; d)That the Security(ie INR 2,09,69,751/-) deposited by this Defendant in the captioned Suit be refunded along with the accumulated interest, if any; e) Costs of this Application; and For such further and other reliefs as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased May be pleased to direct the Registry to refund the court fees of Rs. 104900/- (Rupees One Lakh Four Thousand Nine Hundred) o the Plaintiff’s nominated bank account, details of which are set out below Bank Karur Vysya Bank Account Holder Sunraja Oil Industries Pvt. Ltd. Account No. 1282223000000302 Branch Sampathnagar, Erode IFSC Code KVBL000128 Counsel for the Petitioner: 1. D S SIVADARSHAN Counsel for the Respondent: 1. SAI SANJAY SURANENI 2. D NARENDAR NAIK The Court made the following: THE HONOURABLE SMT. JUSTICE V. SUJATHA I.A.No.1 of 2026 in/and COMMERCIAL SUIT NO: 1 OF 2024 ORDER: I.A.No.1 of 2026 is filed by the petitioner/plaintiff seeking for a direction to the Registry to refund the Court Fee of Rs.1,04,900/- (Rupees one lakh four thousand nine hundred only) to the petitioner/plaintiff’s nominated bank account. 2. Heard learned counsel for the petitioner/plaintiff. 3. In the affidavit filed in support of I.A. 1 of 2026, it is stated that the petitioner/ plaintiff have filed the suit against the defendant for recovery of money for a sum of Rs.2,09,69,751/- (Rupees two crores nine lakhs sixty-nine thousand seven hundred and fifty-one only) with an interest @ 36% p.a. from the date of the plaint till the date of realization in full and for arrest and sale of the defendant vessel MT WHITE PEACH (IMO 9328144) as in condition, presently in Indian waters at the port of Kakinada, Andhra Pradesh State, India on the grounds of loss/ shortage of cargoes by the disponent owner or character of the defendant vessel on the executed series of continuous contracts. 4. That on 24.01.2024, this Court was pleased to issue a warrant of arrest against the defendant vessel. Subsequently, vide orders dated 30.01.2024, this Court was pleased to inter alia vacate the arrest order upon deposit of security. Thereafter, both the plaintiff and owners of the defendant vessel have amicably resolved the dispute and agreed for settlement. In the light of the above said settlement, as nothing further remains for adjudication in the present suit, the plaintiff intends to withdraw the same and consequently, the plaintiff filed the present application seeking refund of the court fee paid in the present suit. 5. In view of the withdrawal of the suit, the petitioner/ plaintiff is entitled for refund of court fee of Rs.1,04,900/- (Rupees one lakh four thousand nine hundred only) which is said to be deposited by the petitioner/ plaintiff along with the plaint, in terms of the decisions of this Court in Polyprint Private Limited Vs. Canara Bank1, M. Dasarath Vs. K. Omprakash2 and P & H Vaswani (P) Limited, Vs. G.S. Murthy3. 6. Accordingly, I.A.No.1 of 2026 is allowed and the Registry is directed to refund the Court fee of Rs.1,04,900/- (Rupees one lakh four thousand nine hundred only) deposited by the petitioner/ plaintiff along with the plaint, within a period of four (04) weeks from today and accordingly C.O.M.S.No.1 of 2024 is closed. __________________ JUSTICE V. SUJATHA 23.01.2026 JLSR 1 1997 (4) ALD 281 2 1994 (1) ALT (NRC) 1 3 1969 (1) APLJ 113 (SN)