ORION BUNKERS DMCC v. THE OWNERS AND PARTIES INTERSTED IN THE VESSEL MV KASSIOPI GR IMO NO 9849796
AS-COM/1/2026 · 2026-01-15
Aniruddha Roy
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3389 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3389 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
OCDSL-1 IInn tthhee H Hiigghh CCoouurrtt aatt CCaallccuuttttaa Admiralty jurisdiction Commercial Division Original Side
IA No. GA-COM/1/2026 In AS-COM/1/2026
ORION BUNKERS DMCC -VS- THE OWNERS AND PARTIES INTERESTED IN THE VESSEL M.V. KASSIOPI GR IMO NO 9849796
BEFORE:
The Hon'ble JUSTICE ANIRUDDHA ROY Date : 15th January, 2026.
APPEARANCE: Mr. K. Thaker, Sr., Adv. Ms. Sreenita Ghosh Dostidar, Adv. Ms. Sneha Singhania, Adv. For the plaintiffs.
.
The Court:- Upon urgency being pleaded in respect of an arrested vessel and since the regular determination has been assigned before this Court, the matter is placed in the supplementary list and is taken up for consideration. On the prayer of Mr. K. Thaker, learned Senior Advocate appearing through virtual mode being assisted by Ms. Sreenita Ghosh Dostidar, learned Advocate on Record present in
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AS-COM/1/2026 AR,J Court, leave is granted to the plaintiff to file a supplementary affidavit. The supplementary affidavit filed in Court today is taken on record. The supplementary affidavit has been filed by the same person who has verified the plaint and affirmed the affidavit of arrest. The contents of the supplementary affidavit are quoted:
“1. I am the constituted attorney of the Petitioner abovenamed. I am aware of the
facts and circumstances of the instant case and have made myself further acquainted with the records thereof. I have been duly authorised by the petitioner and as such, I am competent to make and affirm the instant application on behalf of the petitioner. Affidavit of competency has already been filed.
2. I say that the Plaintiff Company by its email dated 15.01.2026 has informed Mrs. Sreenita Ghoshdastidar, the Advocate on record appearing for the plaintiff that the parties have settled the dispute and requested to withdraw the suit. A copy of the email dated 15.01.2026 is annexed hereto and marked as
“Annexure – A”
3. The statements made in paragraph 1 to 3 are true to my knowledge and are my humble submissions before this Hon’ble Court.”
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AS-COM/1/2026 AR,J In view of the settlement of the disputes between the parties, as pleaded in the supplementary affidavit, the plaintiff intends to withdraw the suit and the vessel may be released. Accordingly, the order of arrest passed on January 13, 2026 stands vacated. The admiralty suit AS-COM/1/2026 stands dismissed as withdrawn. Resultantly, as submitted by Mr. Thaker, the plaintiff is not required to furnish any undertaking in terms of Section 11 of The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017. All the appropriate authorities who were
directed at the time of passing of the order of arrest are further
directed to release the vessel and to carry out the necessary formalities in accordance with law, so that the vessel can sail away. The Marshall shall communicate the gist of the order to all such appropriate authorities mentioned in the order dated January 13, 2026 forthwith. Accordingly, IA NO: GA-COM/1/2026 also stands
disposed of.
(ANIRUDDHA ROY, J.) dg/