APHC010082002026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA I.A.Nos.3 and 4 of 2026 in/and COMMERCIAL SUIT NO: 2/2026 Between: 1. INMAR SHIPPING AND LOGISTICS FZCO,, A COMPANY INCORPORATED UNDER THE LAWS OF THE UNITED ARAB EMIRATES, HAVING ITS REGISTERED OFFICE AT 8 AND 9, ONE JLT, JUMEIRAH LAKE TOWERS DUBAI, UNITED ARAB EMIRATES, REPRESENTED THROUGH ITS AUTHORISED REPRESENTATIVE, MR. V. VENUGOPALA RAO ...PETITIONER AND 1. M V KANG SHUN, (IMO NO. 9285079) A MOTOR VESSEL FLYING THE FLAG OF PEOPLES REPUBLIC OF CHINA, ALONG WITH ALL HER HULL, ENGINES, GEARS, MACHINERY, TACKLES, APPARELS, AND PARAPHERNALIA, PRESENTLY LYING AT VISAKHAPATNAM PORT, IN THE TERRITORIAL WATERS OF INDIA, WITHIN THE ADMIRALTY JURISDICTION OF THIS HONBLE COURT, C/O. COSCO SHIPPING BULK CO LTD. ROOM 904, 162, GANGQIAN, DADAONAN, NANSHA XINQU, GUANGZHOU, GUANGDONG, 511458, CHINA. 2. THE PORT OFFICER, VISAKHAPATNAM PORT AND HARBOUR, 2 VS,J I.A.Nos.3 and 4 of 2026 in/and COMS No.2 of 2026 THE VISAKHAPATNAM PORT AUTHORITY, HAVING ITS OFFICE AT PORT AREA, VISAKHAPATNAM - 530035. ...RESPONDENT(S): pleased to a. For an order and decree in favour of the Plaintiff against Defendant No.1, M.V. KANG SHUN (IMO No. 9285079) Vessel and her Owners and all concerned interested in her for an aggregate amount of USD 105,556/- (rounded amount of principal amount of USD 90,556.39 plus 26 plus USD 15,000.00 Legal costs) along with interest at the rate of @ 18 percent per annum on the principal outstanding sum of USD 90,556/- (rounded amount) from the date of filing the suit till payment/realization. b. That the Defendant No.1 Vessel, M.V. KANG SHUN (IMO b. 9285079) is a motor vessel flying the flag of People Republic of China along with her hull, tackle, boats, machinery, equipment, appurtenances and all other paraphernalia, presently at the port and harbour of Visakhapatnam, within the territorial waters over which this Honble Court exercises jurisdiction be ordered to be arrested under a warrant of arrest issued by this Honble Court c. That the Defendant No.1 Vessel, M.V. KANG SHUN (IMO No. 9285079), a motor vessel flying the flag of Peoples Republic of China along with her hull, tackle, boats, machinery, equipment, appurtenances and all other paraphernalia, presently at the port and harbour of Visakhapatnam, within the territorial waters over which this Honble Court exercises jurisdiction be detained, condemned and sold under orders and directions of this Honble Court and the sale proceeds thereof be applied towards the satisfaction of the Plaintiffs claim in the suit d. That pending the hearing and final disposal of the suit, the Defendant No.1 Vessel, M.V. KANG SHUN (IMO No. 9285079) a motor vessel flying the flag of Peoples Republic of China along with her hull, tackle, boats, machinery, appurtenances and all other paraphernalia, presently at the port and harbour of Visakhapatnam, within the territorial waters over which this Honble Court exercises jurisdiction be arrested and detained under the orders of this Honble Court and/or be restrained by an order of injunction of this Honble Court from sailing out of he port and harbour of Visakhapatnam, Andhra Pradesh and/or moving out of the waters over which this Honble Court exercises admiralty jurisdiction e. That pending the 3 VS,J I.A.Nos.3 and 4 of 2026 in/and COMS No.2 of 2026 hearing and final disposal of the suit, the Defendant-Vessel, M.V. KANG SHUN (IMO No. 9285079), a motor vessel flying the flag of Peoples Republic of China along with her hull, tackle, boats, machinery, appurtenances and all other paraphernalia, presently at the port and harbour of Visakhapatnam, within the territorial waters over which this Honble Court exercises jurisdiction be appraised by any suitable marine surveyors according to true value thereof and upon such value certified in writing by the said surveyors, the Defendant Vessel be sold by public auction free and clear from all existing claims, liens, and/or any encumbrances for the highest price that can be obtained . For costs of the suit g. For such other and further reliefs as in the nature and circumstances of the case this Honble Court may deem fit and proper. 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 pleased to permit me i.e., Mr. V. Venugopala Rao to represent the Petitioner vide resolution dated 12.02.2026 in the present proceedings and to pass IA NO: 2 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 For the reasons stated hereinabove, it is therefore prayed that pending hearing and disposal of the suit, the Defendant No.1 Vessel, M.V. KANG SHUN (IMO No. 9285079), a motor vessel flying the flag of People’s Republic of China along with her hull, tackle, boats, machinery, appurtenances and all other paraphernalia, presently at the port and harbour of Visakhapatnam, be arrested and detained under the orders of this Hon’ble Court and/or be restrained from sailing out of the port and harbour of Visakhapatnam Port, till security towards the Plaintiff’s claim of USD 105,556/- (United States Dollars One Hundred and Five Thousand and Five Hundred and Fifty Six) in the suit/other appropriate proceeding is furnished and pass IA NO: 3 OF 2026 4 VS,J I.A.Nos.3 and 4 of 2026 in/and COMS No.2 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 permit the Plaintiff to withdraw the present suit in in C.O.M.S NO. 02 OF 2026 and consequently vacate the order dated 16th February 2026 and permit the Defendant No.1 vessel to sail from Visakhapatnam Port and pass IA NO: 4 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. 47,795/- to the Plaintiffs nominated bank account details of which are set out below - Bank State Bank of India Account Holder Narasimhulu Sakibanda Account No 20346782938 Branch Andhra Pradesh High Court Branch IFSC Code SBIN0061328 within in period of 4 weeks and pass Counsel for the Petitioner: 1. SAI SANJAY SURANENI Counsel for the Respondent(S): 1. N ASHWANI KUMAR The Court made the following: 5 VS,J I.A.Nos.3 and 4 of 2026 in/and COMS No.2 of 2026 THE HONOURABLE SMT JUSTICE V. SUJATHA I.A.Nos.3 and 4 of 2026 in/and COMMERCIAL SUIT NO: 2/2026 COMMON ORDER: I.A.No.3 of 2026 is filed to permit the petitioner/plaintiff to withdraw C.O.M.S.No.2 of 2026 and consequently, to vacate the arrest order dated 16.02.2026 passed in I.A.No.2 of 2026 and also to permit respondent No.1/defendant No.1 - Vessel to sail from Visakhapatnam Port. 2. I.A.No.4 of 2026 is filed by the petitioner/plaintiff seeking for a direction to the Registry to refund the Court fees of Rs.47,795/- (Rupees Forty Seven Thousand Seven Hundred and Ninety Five Only) to the petitioner’s/plaintiff’s nominated bank account. 3. Heard Sri. D. Prudhvi Teja, learned counsel representing Sri. Sai Sanjay Suraneni, learned counsel for the petitioner/plaintiff and Sri. N. Ashwani Kumar, learned counsel for the respondent/defendant. 4. In the affidavit filed in support of I.A.No.3 of 2026, it is stated that the petitioner/plaintiff and owners of respondent No.1/defendant No.1 – Vessel have amicably resolved the dispute and the entire suit claim amount of USD 77,500 has been paid to the petitioner/plaintiff on 23.02.2026. Thus, the petitioner/plaintiff seeks permission of this Court to withdraw the present suit 6 VS,J I.A.Nos.3 and 4 of 2026 in/and COMS No.2 of 2026 i.e. C.O.M.S.No.2 of 2026. Since both the parties have amicably resolved the dispute, permission is hereby granted to the petitioner/plaintiff for withdrawal of C.O.M.S.No.2 of 2026. 5. In view of the same, I.A.No.3 of 2026 is allowed. Accordingly, the Commercial Suit No.02 of 2026 is dismissed as withdrawn. There shall be no order as to costs. It is made clear that both the parties will not have any claims as against each other with regard to the subject transaction. 6. Since the suit is dismissed as withdrawn, the order dated 16.02.2026 passed by this Court in I.A.No.2 of 2026 becomes infructuous and orders thereon are vacated. 7. In view of the withdrawal of the suit, the petitioner/plaintiff is entitled for refund of the Court fee of Rs.47,795/- (Rupees Forty Seven Thousand Seven Hundred and Ninety Five 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. 1 1997(4)ALD281 2 1994(1)ALT (NRC) 1 3 1969(1)APLJ 113 (SN) 7 VS,J I.A.Nos.3 and 4 of 2026 in/and COMS No.2 of 2026 8. Accordingly, I.A.No.04 of 2026 is allowed and the Registry is directed to refund the Court fee of Rs.47,795/- (Rupees Forty Seven Thousand Seven Hundred and Ninety Five Only) deposited by the petitioner/plaintiff along with the plaint, within a period of four (04) weeks from today. ______________________ JUSTICE V.SUJATHA 23.02.2026 Note: Issue CC by 23.02.2026 B/o Gss