APHC010114932026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA I.A.No.3 of 2026 in/and COMMERCIAL SUIT NO: 4/2026 Between: 1. DAWSON SHIP MANAGEMENT SIA, A COMPANY INCORPORATED UNDER THE LAWS OF LATVIA HAVING ITS REGISTERED OFFICE AT BAZNICAS, IELA 4A RIGA, LATVIA, LV-1010 THROUGH ITS CONSTITUTED ATTORNEY MR. SIDDHESH SHAM KSHIRSAGAR ...PETITIONER AND 1. MV POLAR STAR IMO NO 9471666, A BULK CARRIER SHIP FLYING THE FLAG OF LIBERIA TOGETHER WITH HER HULL, TACKLE, ENGINES, GEARS, EQUIPMENT PARAPHERNALIA OTHER APPURTENANCES PRESENTLY AT ANCHORAGE OF THE PORT OF VISHAKHAPATNAM WITHIN THE TERRITORIAL WATERS OF THE STATE OF ANDHRA PRADESH, INDIA REPRESENTED BY HER MASTER 2. THE PORT OFFICER, VISAKHAPATNAM PORT AUTHORITY, A MAJOR PORT AUTHORITY UNDER THE MAJOR PORT AUTHORITIES ACT, 2021, HAVING ITS ADDRESS AT ADMINISTRATIVE OFFICE, BUILDING PORT AREA, VISAKHAPATNAM 530 035, ANDHRA PRADESH, INDIA. R 2 IS IMPLEDED AS PER COURT ORDER DT.05.03.2026. VIDE IA NO.2 OF 2026. IN COMS NO.4 OF 2026. 2 VS,J I.A.No.3 of 2026 in/and COMS No.4 of 2026 ...RESPONDENT(S): prays (A)For a decree to be entered against the Defendant Vessel MV POLAR STAR (IMO NO. 9471666) for a sum of USD 833,148 (United States Dollars Eight Hundred and Thirty Three One Hundred and Forty Eight) along with interest of 7.5 percent pendente lite from the date of filing of the present Admiralty Suit till the date of passing of the decree and post judgment interest of 7.5percent from the date of passing of the decree till realization (B)That the Defedant Vessel MV POLAR STAR (IMO NO. 9471666) along with her hull, tackle, boats, machinery, equipment, appurtenances and all other paraphernalia, presently at the Port of Vishakhapatnam, Andhra Pradesh be ordered to be arrested, condemned and sold and her iquidated sale proceeds be invested in a fixed deposit to the credit of the present Admiralty Suit to satisfy the decree sought by the Plaintiff under Prayer Clause (a) (C) For Costs of the suit, including all legal costs and charges (D) For such other and further reliefs as this Hon'ble Court may deem fit and proper in the nature and circumstances of the 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 pleased to Direction pass an ex parte interim order of arrest against the Defendant Vessel MV Polar Star (IMO No. 9471666) along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furniture. fixtures, equipment, and all other appurtenances presently at the anchorage of the port of Visakhapatnam. 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 May be pleased to implead the proposed Defendant No. 2 as party Defendant No. 2 in the above suit and in the interlocutory application filed therein and pass IA NO: 3 OF 2026 3 VS,J I.A.No.3 of 2026 in/and COMS 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 grant leave to the Plaintiff under Order 23 Rule 1 of CPC to withdraw and/or abandon the present Commercial Suit No. 04 of 2026 together with all interlocutory applications filed therein including lA No. 1 of 2026, lift and vacate the order of arrest dated 5th March 2026 passed in respect of the Defendant No. 1 Vessel i.e., MV POLAR STAR (IMO No. 9471666), direct Defendant No. 2 i.e., Visakhapatnam Port Authority, to forthwith release the Defendant No. 1 Vessel MV POLAR STAR (IMO No. 9471666), from arrest and permit her free departure from the Port of Visakhapatnam, and pass Counsel for the Petitioner: 1. M/S INDUS LAW FIRM Counsel for the Respondent(S): 1. The Court made the following: 4 VS,J I.A.No.3 of 2026 in/and COMS No.4 of 2026 THE HONOURABLE SMT JUSTICE V. SUJATHA I.A.No.3 of 2026 in/and COMMERCIAL SUIT NO: 4/2026 COMMON ORDER: I.A.No.3 of 2026 is filed to permit the petitioner/plaintiff to withdraw C.O.M.S.No.4 of 2026 and consequently, to vacate the arrest order dated 05.03.2026 passed in I.A.No.1 of 2026 and also to permit respondent No.1/defendant No.1 - Vessel to sail from Visakhapatnam Port. 2. Heard M/s Indus Law Firm, learned counsel for the petitioner/plaintiff. 3. 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 995,000 has been paid to the petitioner/plaintiff on 06.03.2026. Thus, the petitioner/plaintiff seeks permission of this Court to withdraw the present suit i.e. C.O.M.S.No.4 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.4 of 2026. 4. In view of the same, I.A.No.3 of 2026 is allowed. Accordingly, the Commercial Suit No.04 of 2026 is dismissed as withdrawn. There shall be no order as to costs. 5 VS,J I.A.No.3 of 2026 in/and COMS No.4 of 2026 5. Since the suit is dismissed as withdrawn, the order dated 05.03.2026 passed by this Court in I.A.No.1 of 2026 becomes infructuous and orders thereon are vacated. It is needless to state that the respondent vessel is permitted to sail from Visakhapatnam port. ______________________ JUSTICE V.SUJATHA 11.03.2026 Gss