P a g e | 1 APHC010399052026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE 6th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI I.A.Nos.3 and 4 of 2026 In/And COMMERCIAL SUIT NO: 13 OF 2026 Between: 1. ELBOIL SINGAPORE PRIVATE LIMITED, 60 Paya Lebar Road, 09-02, Paya Lebar Square, 409051, Singapore, Rep by its authorized Signatory. ...Petitioner AND 1. MV SYRMA, (IMO No. 1067598), a motor vessel flying the flag of Vietnam, along with all her hull, engines, gears, machinery, tackles, apparels. and paraphernalia, and her owner and all other persons concerned and/or interested in her, presently lying at Krishnapatnam Port, in the territorial waters of India, within the Admiralty Jurisdiction of this Hon'ble Court, represented by her Master (presently conducting cargo operations at Krishnapatnam Port). 2. Adani Krishnapatnam Port Ltd, A company incorporated under Indian laws and having its office at Muthukur Mandal, S.P.S.R, Nellore, Andhra Pradesh - 524323. ...Respondents Counsel for the Petitioner: SAI SANJAY SURANENI Counsel for the Respondents: P a g e | 2 The Court made the following order: P a g e | 3 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI I.A.No.3 and 4 of 2026 In/And COMS.NO: 13 OF 2026 COMMON ORDER: I.A.No.4 of 2026 is filed seeking permission of this court to withdraw the suit in COMS.No.13 of 2026 and for recalling the warrant of arrest issued against the 1st defendant vessel. 2. I.A.No.3 of 2026 is filed seeking refund of the court fee paid by the plaintiff. 3. Learned counsel for the petitioner/plaintiff seeks permission of this Court to withdraw the suit in COMS.No.13 of 2026 in view of an amicable settlement arrived at between the parties. 4. Permission is accorded. 5. Accordingly, I.A.No.4 of 2026 is allowed. Consequently, the suit in COMS.No.13 of 2026 is dismissed as withdrawn, and the warrant of arrest issued against the 1st defendant vessel is hereby recalled. As such, the 1st defendant vessel is permitted to sail from the 2nd defendant port. 6. Insofar as I.A.No.3 of 2026 is concerned, learned counsel for the petitioner/plaintiff placed reliance on the judgment of this Court in Polyprint P a g e | 4 Private Limited Vs Canara Bank1, as well as a similar order passed by a Coordinate Bench of this Court in Commercial Suit No.9 of 2025. 7. In view of the withdrawal of the suit prior to the appearance of the defendants, this Court is of the considered view that the plaintiff is entitled for refund of court fee after deducting the standard court fee of Rs.2,500/- 8. Accordingly, I.A.No.3 of 2026 is allowed. Registry is directed to refund the Court Fee, after deducting Standard Court Fee of Rs.2,500/- from an amount of Rs.3,95,163/-, amounting to Rs.3,92,663/- to the plaintiff, within a period of six (6) weeks from today. As a sequel, miscellaneous applications, pending, if any, shall stand closed. __________________________ JUSTICE BALAJI MEDAMALLI Date: 06.08.2026 Note: Issue CC Today (B/o) Dvs 1 1996 SCC OnLine AP 496 P a g e | 5 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI 40 I.A.No.3 and 4 of 2026 In/And COMS.NO: 13 OF 2026 Dt: 06.08.2026 Dvs