APHC010123112026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA I.A.No.2 of 2026 in/and COMMERCIAL SUIT NO: 5/2026 Between: 1. KINGCROWN SHIPPING AND TRADING, REPRESENTED BY ITS MANAGING PARTNER, B.V.K. KIRAN, 39-07-15/2,TILAK STREET, KAKINADA, ANDHRA PRADESH, INDIA. MOB 91 7799394444, EMAIL CHARTERINQ@KINQCROWN.IN ...PETITIONER AND 1. M V USUKI, A MOTOR VESSEL FLYING THE FLAG OF CYPRUS, HAVING IMO NO. 1090272 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 HONOURABLE COURT, REPRESENTED BY HER MASTER, PRESENTLY CONDUCTING CARGO OPERATIONS AT VISAKHAPATNAM PORT. 2. THE PORT OFFICER, , VISAKHAPATNAM PORT AND HARBOUR, VISAKHAPATNAM. ...RESPONDENT(S): Pleased to a. Order and decree the suit in favour of the Plaintiff and against the Defendant No.1 Vessel M.V. USUKI (IMO No. 1090272) for the sum of USD 10,703 (United States Dollars Ten Thousand Seven Hundred 2 VS,J I.A.No.2 of 2026 in/and COMS No.5 of 2026 and three only) together with interest at the rate of 24 PERCENT per annum from 23.02.2026 until realization, along with costs of the present proceedings Order and direct that the Defendant No.1 Vessel M.V. USUKI (IMO No. 1090272) together with her hull, engines, gears, tackles, bunkers, machinery, apparel, furniture, fixtures, appurtenances and paraphernalia, presently lying at Visakhapatnam Port and Harbour, Andhra Pradesh, or wherever she may be within the territorial waters of India, be arrested and detained by a Warrant of Arrest of this Hon'ble Court until the Defendants furnish security for the Plaintiffs claim in the sum of USD 15,000 (United States Dollars Fifteen Thousand Only) together with interest and costs In the event of the 1 Defendant failing to furnish the aforesaid security, order that the Defendant No.1 Vessel M.V. USUKI be condemned and sold along with her hull, engines, gears, tackles, bunkers, machinery, apparel, furniture, fixtures, appurtenances and paraphernalia and that the net sale proceeds thereof be applied towards satisfaction of the Plaintiffs claim together with interest and costs of this suit d. Award pendente lite and future interest at the rate of 24 PERCENT per annum on the principal claim amount from 23.02.2026 until realization e. Direct the Defendants to pay the costs of litigation, including legal expenses incurred by the Plaintiff in instituting and prosecuting the present suit f. Permit the Plaintiff to serve notice of the present proceedings upon the Defendants through email and such other modes as this Hon'ble Court may deem fit, in the interest of expeditious communication PASS 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 pass an ex-parte ad-interim order directing the arrest of the Defendant vessel M.V. USUKI (IMO No. 1090272) together with her hull, engines, gears, tackles, bunkers, machinery, apparel, furniture, fixtures, appurtenances and paraphernalia, presently lying at Visakhapatnam Port and Harbour, Andhra Pradesh, or wherever she may be within the territorial waters of India, be arrested and detained by a Warrant of Arrest of this honble Court until the Defendants furnish security for the Plaintiff’s claim in the sum of 3 VS,J I.A.No.2 of 2026 in/and COMS No.5 of 2026 USD 15,000 (United States Dollars Fifteen Thousand Only) in the suit/other appropriate proceeding is furnished and 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 May be pleased to permit the Plaintiff to withdraw the present suit in in C.O.M.S No. 05 OF 2026 and consequently vacate the order dated 6th March 2026 and permit the Defendant No.1 vessel to sail from Visakhapatnam Port and pass Counsel for the Petitioner: 1. VENKATA SAKETH ROY VYDYULA Counsel for the Respondent(S): 1. The Court made the following: 4 VS,J I.A.No.2 of 2026 in/and COMS No.5 of 2026 THE HONOURABLE SMT JUSTICE V. SUJATHA I.A.No.2 of 2026 in/and COMMERCIAL SUIT NO: 5/2026 COMMON ORDER: I.A.No.2 of 2026 is filed to permit the petitioner/plaintiff to withdraw C.O.M.S.No.5 of 2026 and consequently, to vacate the arrest order dated 06.03.2026 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 Sri. V. Saketh Roy Vydyula, learned counsel for the petitioner/plaintiff. 3. In the affidavit filed in support of I.A.No.2 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 15,703 has been paid to the petitioner/plaintiff on 09.03.2026. Thus, the petitioner/plaintiff seeks permission of this Court to withdraw the present suit i.e. C.O.M.S.No.5 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.5 of 2026. 5 VS,J I.A.No.2 of 2026 in/and COMS No.5 of 2026 4. In view of the same, I.A.No.2 of 2026 is allowed. Accordingly, the Commercial Suit No.05 of 2026 is dismissed as withdrawn. There shall be no order as to costs. 5. Since the suit is dismissed as withdrawn, the order dated 06.03.2026 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 10.03.2026 Note: Issue CC by 10.03.2026 B/o Gss