(Prayer: may be pleased to a. That this Hon ble Court be pleased to pass an order and decree in favour of the Plaintiff for a sum of USD 794,215.34 (Inclusive of claim amount along with legal costs) along with interest from the date of filing of the present suit till realisation. b. That the Defendant Vessel, SEA TIGER I (IMO No. 9358955) is a motor vessel flying the flag of Marshal Islands 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 Vessel, SEA TIGER I (IMO No. 9358955) is a motor vessel flying the flag of Marshal Islands 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 satisfactiion of the Plaintiff s claim in the suit 26 d. That pending the hearing and final disposal of the suit, the Defendant Vessel, SEA TIGER I (IMO No. 9358955) is a motor vessel flying the flag of Marshal Islands 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. Entirely without prejudice to the prayer clause (a), (b), (c) and (d) above and strictly in the alternative, this Hon ble Court be pleased to order Defendant Vessel together with her hull, tackle, engines, machinery, boats and all appurtenant be arrested and condemned and sold under the orders of this Hon ble Court and the security and/or sale proceeds of the Defendant vessel be retained and applied as security towards the satisfaction of any arbitral award that may be passed in favour of the Plaintiff f. That pending the hearing and final disposal of the suit, the Defendant Vessel, SEA TIGER I (IMO No. 9358955) is a otor vessel flying the flag of Marshal Islands 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 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 along with her hull, engines, gears, tackles, bunkers machinery, apparel, plant, furniture, fixtures, appurtenances and paraphernalia by public auction free and clear from all existing claims, liens, and/or any encumbrances for the highest price that can be obtained and the net sale proceeds thereof be ordered to be applied to the satisfaction of the Plaintiff s claim herein and towards claim the arbitration proceedings g. for costs of this Suit and h. 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. Chadalawada Kiran Kumar to represent the Plaintiff vide resolution dated 03.04.2026 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 be pleased to pass an ex-parte ad-interim order directing the arrest of the Defendant No.1 Vessel, SEA TIGER 1 (IMO No. 9358955), a motor vessel 66 flying the flag of Marshall Islands along with her hull, tackle, boats, machinery, appurtenances and all other paraphernalia, presently at the port and harbour of Kakinada Port, within the territorial waters which this Hon’ble Court exercises jurisdiction and/or be restrained by an order of injunction of this Hon’ble Court from sailing out of the port and harbour of Kakinada Port, Andhra Pradesh and/or moving out of the waters over which this Hon’ble Court exercises admiralty jurisdiction 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 Honble Court be pleased to direct the Registry to refund the court fees of Rs 3,73,000 to the Plaintiff’s nominated bank account details of which are set out below Bank IDFC First Bank Account Holder M/s. Crawford Bayley and Co Account No 10015853302 Branch Nariman Point, Mumbai-400001 IFSC Code IDFB0040106 Within in period of 4 weeks 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 Honble Court be pleased to permit the Plaintiff to withdraw the present suit in in C.O.M.S NO. 09 OF 2026 and consequently vacate the order dated 17th April 2026 and permit the Defendant No.1 vessel to sail from Kakinada Port and pass)

Common Order:

I.A.No.4 of 2026 is filed to permit the petitioner/plaintiff to withdraw C.O.M.S.No.9 of 2026 and consequently, to vacate the arrest order dated 17.04.2026 passed in I.A.No.2 of 2026 and also to permit respondent No.1/defendant No.1 - Vessel to sail from Kakinada Port.

2. I.A.No.3 of 2026 is filed by the petitioner/plaintiff seeking for a direction to the Registry to refund the Court fees of Rs.3,73,000/- (Rupees Three Lakh Seventy Three Thousand Only) to the petitioner’s/plaintiff’s nominated bank account.

3. Heard Sri. N. Ashwani Kumar, learned counsel for the petitioner/plaintiff.

4. It is the case of the petitioner/plaintiff that pending adjudication of the present suit, the owners of the 1st respondent/defendant vessel have agreed to refer all disputes to the arbitration in London, in accordance with the governing contractual terms; further, without prejudice to the rights and contentions of the parties, the issue of security has been amicably resolved by furnishing a Letter of Undertaking on behalf of the owner of the 1st respondent/defendant vessel, in lieu of the arrest.

5. In view of the issuance of security by way of furnishing a Letter of Understanding by the 1st respondent/1st defendant vessel, the plaintiff seeks permission of this Court to withdraw the present suit and to vacate the docket order dated 17.04.2026 and to permit the 1st respondent/defendant vessel to sail from Kakinada port. 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.9 of 2026.

6. In view of the same, I.A.No.4 of 2026 is allowed. Accordingly, the Commercial Suit No.09 of 2026 is dismissed as withdrawn. There shall be no order as to costs. It is made clear that both the parties will not have any claims as against each other with regard to the subject transaction.

7. Since the suit is dismissed as withdrawn, the order dated 17.04.2026 passed by this Court in I.A.No.2 of 2026 becomes infructuous and orders thereon are vacated.

8. In view of the withdrawal of the suit, the petitioner/plaintiff is entitled for refund of the Court fee of Rs.3,73,000/- (Rupees Three Lakh Seventy Three Thousand 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)).

9. Accordingly, I.A.No.03 of 2026 is allowed and the Registry is directed to refund the Court fee of Rs.3,73,000/- (Rupees Three Lakh Seventy Three Thousand Only) deposited by the petitioner/plaintiff along with the plaint, within a period of four (04) weeks from today.