APHC010139912026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE T.C.D. SEKHARP COMMERCIAL SUIT NO: 6/2026 Between: 1.PT INDOFUELS LIMITED,, HAVING ITS OFFICE AT 18/F KINGSFIELD CENTRE, UNIT 03, 18 SHELL STREET, NORTH POINT, HONG KONG, REPRESENTED THROUGH ITS AUTHORISED REPRESENTATIVE MR. MADALA SRINIVAS. ...PETITIONER AND 1.M V HOANG ANH 10 IMO 9331751, A MOTOR VESSEL FLYING THE FLAG OF TUVALU 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 KAKINADA, WITHIN THE TERRITORIAL WATERS OVER WHICH THIS HONBLE COURT EXERCISES JURISDICTION. 2.THE PORT OFFICER, KAKINADA PORT AND HARBOUR AND THE KAKINADA SEAPORTS, HAVING ITS OFFICE AT PORT AREA, KAKINADA - 533001. ...RESPONDENT(S): may be pleased to a. For a decree in its favour and against the Defendant No.1 Vessel, M.V. HOANG ANH 10 (IMO 9331751), for a sum of US 914,767.49 and further interest on the principal amount of US dolar 752,310.87 @ 2percent per month from the date of filing of this suit till payment and / or realization. b. That the Defendant No.1 Vessel, M.V. HOANG ANH 10 (IMO 9331751) is a motor vessel flying the flag of Tuvalu along with her hull, tackle, boats, machinery, equipment, appurtenances and all other paraphernalia, presently at the port and harbour of Kakinada, 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. HOANG ANH 10 (IMO 9331751), a motor vessel flying the flag of Tuvalu along with her hull, tackle, boats, machinery, equipment, appurtenances and all other paraphernalia, presently at the port and harbour of Kakinada, 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 Plaintiffs claim in the suit d. That pending the hearing and final disposal of the suit, the Defendant No.1 Vessel, M.V. HOANG ANH 10 (IMO 9331751), a motor vessel flying the flag of Tuvalu along with her hull, tackle, boats, machinery, appurtenances and all other paraphernalia, presently at the port and harbour of Kakinada, 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 Kakinada, 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. HOANG ANH 10 (IMO 9331751), a motor vessel flying the flag of Tuvalu along with her hull, tackle, boats, equipment, appurtenances, machinery and all other paraphernalia, presently at the port and harbour of Kakinada, 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 For such 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 permit me i.e., Mr. Madala Srinivas to represent the Petitioner vide resolution dated 14.08.2026 in the present proceedings and to pass such 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. HOANG ANH 10 (IMO 9331751) a motor vessel flying the flag of Tuvalu along with her hull, tackle, boats, machinery, appurtenances and all other paraphernalia, presently at the port and harbour of Kakinada, 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 Kakinada Port, till security towards the Plaintiffs claim of US$ 914,697.48 (United States Dollars Nine Hundred and Fourteen Thousand Six Hundred Ninety Seven, and Forty Eight Cents Only) in the suit/other appropriate proceeding is furnished and pass such IA 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 the Plaintiff to withdraw the present suit in in C.O.M.S. No. 06 of 2026 and consequently vacate the order dated 13th March 2026 and permit the Defendant No.1 vessel to sail from Kakinada 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 pleased to direct the Registry to refund the court fees of Rs. 4,25,174 (Four Lakhs Twenty-Five thousand one hundred and Seventy- four) to the Plaintiff's 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. The Court made the following: HON’BLE SRI JUSTICE T.C.D. SEKHAR COMMERCIAL SUIT No.6 OF 2026 ORDER:- 1. In view of order passed in I.A.No.3 of 2026, the present Commercial Suit is dismissed as withdrawn and consequently the order dated 13.03.2026 passed in I.A.No.2 of 2026 is hereby vacated. 2. Pursuant to order passed in I.A.No.4 of 2026, the Registry is directed to refund the Court fee of Rs.4,25,174/- deposited by the plaintiff along with plaint, within a period of four (04) weeks from today. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. ______________________ JUSTICE T.C.D. SEKHAR 23.03.2026 Note: Issue CC today. B/o. DR 13 THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR COMMERCIAL SUIT No.6 of 2026 Date 23.03.2026 U DR