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2026 DAILYLAW 17262 (AP)

ANCOMARINE SERVICES CO. LTD. v. M.V. SEA SPIRIT (IMO-9345829)

COMS/3/2026 · 2026-02-16

V Sujatha

body2026

Judgment text

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APHC010082022026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA COMMERCIAL SUIT NO: 3/2026 Between: 1. ANCOMARINE SERVICES CO. LTD.,, HAVING ITS OFFICE AT RM 510, NO. 1999 JINXIU EAST ROAD, PUDONG, SHANGHAI, PEOPLE'S REPUBLIC OF CHINA, POST CODE 201206, REPRESENTED THROUGH ITS AUTHORISED REPRESENTATIVE, MR MADALA SRINIVAS. ...PETITIONER AND 1. M V SEA SPIRIT IMO9345829, A MOTOR VESSEL FLYING THE FLAG OF CYPRUS ALONG WITH HER HULL, TACKLE, BOATS, EQUIPMENT, APPURTENANCES, MACHINERY AND ALL OTHER PARAPHERNALIA, AND HER OWNER AND ALL OTHER PERSONS CONCERNED AND/ OR INTERESTED IN HER, PRESENTLY IN THE PORT AND ANCHORAGE OF MUMBAI, WITHIN THE TERRITORIAL WATERS OVER WHICH THIS HON'BLE COURT EXERCISES JURISDICTION. C/O. OVERSEAS MARINE ENTERPRISE-MAI, 83, POSEIDONOS AVENUE, GLYFADA, 166 75, ATHENS, GREECE. 2. THE PORT OFFICER, VISAKHAPATNAM PORT AND HARBOUR AND THE VISAKHAPATNAM PORT AUTHORITY, HAVING ITS OFFICE AT PORT AREA, VISAKHAPATNAM - 530035. ...RESPONDENT(S): Under the facts and circumstances as narrated above, this Hon'ble Court may be pleased to a. For a decree in its favour and against the Defendant No. 1 Vessel, M.V. SEA SPIRIT (IMO 9345829), for a sum of US 2 VS,J COM.S.No.3 of 2026 dollars 23,282.58 and further interest on the said principal amount of USD US dollars 4,282.58 @ 12 percent per month from the date of filing of this suit till payment and / or realization. b. That the Defendant No.1 Vessel, M.V. SEA SPIRIT (IMO 9345829) is a motor vessel flying the flag of Cyprus 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 Hon'ble Court exercises jurisdiction be ordered to be arrested under a warrant of arrest issued by this Hon'ble Court c. That the Defendant No.1 Vessel, M.V. SEA SPIRIT (IMO 9345829), a motor vessel flying the flag of Cyprus 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 Hon'ble Court exercises jurisdiction be detained, condemned and sold under orders and directions of this Hon'ble Court and the sale proceeds thereof be applied towards the satisfaction of the Plaintiff's claim in the suit d. That pending the hearing and final disposal of the suit, e Defendant No.1 Vessel, M.V. SEA SPIRIT (IMO 9345829), a motor vessel flying the flag of Cyprus 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 Hon'ble Court exercises jurisdiction be arrested and detained under the orders of this Hon'ble Court and/or be restrained by an order of injunction of this Hon'ble Court from sailing out of the port and harbour of Visakhapatnam, Andhra Pradesh and/or moving out of the waters over which this Hon'ble Court exercises admiralty jurisdiction e. That pending the hearing and final disposal of the suit, the Defendant- Vessel, M.V SEA SPIRIT (IMO 9345829), a motor vessel flying the flag of Cyprus along with her hull, tackle, boats, equipment, appurtenances, machinery and all other paraphernalia, presently at the port and harbour of Visakhapatnam, within the territorial waters over which this Hon'ble 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 No.1 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 f. For costs of the suit g. For such other and further reliefs as in the nature and circumstances of the case this Hon'ble Court may deem fit and proper. IA NO: 1 OF 2026 3 VS,J COM.S.No.3 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. Madala Srinivas to represent the Petitioner vide resolution dated 22.10.2025 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 prayed that pending hearing and disposal of the suit, the Defendant No.1 Vessel, M.V. SEA SPIRIT (IMO 9345829), a motor vessel flying the flag of Cyprus 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 Plaintiffs claim of USD 23,282.58 (United States Dollars Twenty Three Thousand Two Hundred and Eighty Two and Fifty Eight Cents) in the suit/other appropriate proceeding is furnished and pass Counsel for the Petitioner: 1. SAI SANJAY SURANENI Counsel for the Respondent(S): 1. The Court made the following: 4 VS,J COM.S.No.3 of 2026 JUDGMENT: When the matter is taken up today, learned counsel for the plaintiff has stated that, pursuant to the notice ordered by this Court on 16.02.2026 to the defendants, the parties have arrived at an amicable settlement and the matter has been settled out of Court. In view of the same, the plaintiff seeks permission to withdraw the present Commercial Suit. 2. Permission is accorded. 3. Accordingly, the Commercial Suit is dismissed as withdrawn. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, in this suit, shall stand closed. __________________ JUSTICE V.SUJATHA Dated 17.02.2026 KGR