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CDJ 2026 APHC 068
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| Court : High Court of Andhra Pradesh |
| Case No : I.A. Nos. 3 & 4 of 2026 in/and Commercial Suit No. 1 of 2026 |
| Judges: THE HONOURABLE MRS. JUSTICE V. SUJATHA |
| Parties : Oilmar DMCC, A Company Incorporated Under The Laws Of United Arab Emirates, Represented Through Its Authorised Representative, V. Venugopala Rao Versus MV. Hoanh Son Universe, (Imo No. 9302774) A Motor Vessel Flying The Flag Of Panama, Along With All Her Hull, Engines, Gears, Vietnam & Another |
| Appearing Advocates : For the Petitioner: Sai Sanjay Suraneni, Advocate. For the Respondents: ---- |
| Date of Judgment : 19-01-2026 |
| Head Note :- |
| Civil Procedure Code - Section 151 - |
| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Section 151 CPC
2. Catch Words:
- arrest, injunction, withdrawal, suit dismissed, refund of court fee
3. Summary:
The plaintiff filed a commercial suit seeking a decree of USD 440,121.55 and the arrest of the vessel M.V. HOANH SON UNIVERSE. Subsequent interim applications under Section 151 CPC were filed. IA No. 3 sought permission to withdraw the suit after the parties amicably settled the claim, and IA No. 4 sought a refund of the court fee. The Court held that the settlement was complete, allowed the withdrawal of the suit, vacated the earlier arrest order, dismissed the suit as withdrawn, and ordered the refund of the court fee of Rs. 2,01,267 within four weeks. No costs were awarded.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Prayer: may be pleased to a. For a decree in its favour and against the Defendant No.1 Vessel, M.V. HOANH SON UNIVERSE (IMO No. 9302774) for a sum of USD 440,121.55 and further contractual interest on the said principal amount of USD 400,000 @ 3percent per month from the date of filing of this suit till payment and / or realization. b. That the Defendant No.1 Vessel, M.V. HOANH SON UNIVERSE (IMO No. 9302774) is a motor vessel flying the flag of Panama along with her hull, tackle, boats, machinery, equipment, appurtenances and all other paraphernalia, presently at the port and harbour of Visakhapatnam, within the territorial waters over which this Honble Court exercises jurisdiction be ordered to be arrested under a warrant of arrest issued by this Honble Court c. That the Defendant No.1 Vessel, M.V. HOANH SON UNIVERSE (IMO No. 9302774), a motor vessel flying the flag of Panama along with her hull, tackle, boats, machinery, equipment. appurtenances and all other paraphernalia, presently at the port and harbour of Visakhapatnam, within the territorial waters over which this Honble Court exercises jurisdiction be detained, condemned and sold under orders and directions of this Honble 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. HOANH SON UNIVERSE (IMO No. 9302774) a motor vessel flying the flag of Panama along with her hull, tackle, boats, machinery, appurtenances and all other paraphernalia, presently at the port and harbour of Visakhapatnam, within the territorial waters over which this Honble Court exercises jurisdiction be arrested and detained under the orders of this Honble Court and/or be restrained by an order of injunction of this Honble Court from sailing out of the port and harbour of Visakhapatnam, Andhra Pradesh and/or moving out of the waters over which this Honble Court exercises admiralty jurisdiction e. That pending the hearing and final disposal of the suit, the Defendant-Vessel, M.V. HOANH SON UNIVERSE (IMO No. 9302774), a motor vessel flying the flag of Panama along with her hull, tackle, boats, machinery, appurtenances and all other paraphernalia, presently at the port and harbour of Visakhapatnam, within the territorial waters over which this Honble 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 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 g. 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 prayed that pending hearing and disposal of the suit, the Defendant No.1 Vessel, M.V. HOANH SON UNIVERSE (IMO No. 9302774), a motor vessel flying the flag of Panama along with her hull, tackle, boats, machinery, appurtenances and all other paraphernalia, presently at the port and harbor of Visakhapatnam, 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 Visakhapatnam Port, till security towards the Plaintiff’s claim of USD 440,121.55 (United States Dollars Four Hundred and Forty Thousand One Hundred and Twenty One and Fifty Five Cents) in the suit/other appropriate proceeding is furnished and 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 may be pleased to permit me i.e., Mr. V. Venugopala Rao to represent the Petitioner vide resolution dated 11.01.2026 in the present proceedings and to 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.1 of 2026 and vacate the order dated 15th January 2026 and permit the Defendant No.1 vessel to sail from Visakhapatnam 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.2,01,267/- 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)
Common Order:
I.A.No.3 of 2026 is filed to permit the petitioner/plaintiff to withdraw C.O.M.S.No.1 of 2026 and consequently, to vacate the arrest order dated 15.01.2026 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. I.A.No.4 of 2026 is filed by the petitioner/plaintiff seeking for a direction to the Registry to refund the Court fees of Rs.2,01,267/- (Rupees Two Lakh One Thousand Two Hundred and Sixty Seven Only) to the petitioner’s/plaintiff’s nominated bank account.
3. Heard Sri. D. Prudhvi Teja, learned counsel representing Sri. Sai Sanjay Suraneni, learned counsel for the petitioner/plaintiff.
4. 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 440,121.55 has been paid to the petitioner/plaintiff on 16.01.2026. Thus, the petitioner/plaintiff seeks permission of this Court to withdraw the present suit i.e. C.O.M.S.No.1 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.1 of 2026.
5. In view of the same, I.A.No.3 of 2026 is allowed. Accordingly, the Commercial Suit No.01 of 2026 is dismissed as withdrawn. There shall be no order as to costs.
6. Since the suit is dismissed as withdrawn, the order dated 15.01.2026 passed by this Court in I.A.No.1 of 2026 becomes infructuous and orders thereon are vacated.
7. In view of the withdrawal of the suit, the petitioner/plaintiff is entitled for refund of the Court fee of Rs.2,01,267/- (Rupees Two Lakh One Thousand Two Hundred and Sixty Seven Only) which is said to be deposited by the petitioner/plaintiff along with the plaint, in terms of the decisions of this Court in Polyprint Private Limited Vs. Canara Bank(1997(4)ALD281), M. Dasarath Vs. K. Omprakash(1994(1)ALT (NRC) 1) and P & H Vaswani (P) Limited., Vs. G.S. Murthy(1969(1)APLJ 113 (SN)).
8. Accordingly, I.A.No.04 of 2026 is allowed and the Registry is directed to refund the Court fee of Rs.2,01,267/- (Rupees Two Lakh One Thousand Two Hundred and Sixty Seven Only) deposited by the petitioner/plaintiff along with the plaint, within a period of four (04) weeks from today.
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