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CDJ 2026 GHC 212 print Preview print print
Court : High Court Of Gujarat At Ahmedabad
Case No : R/Admiralty Suit No. 38 Of 2026
Judges: THE HONOURABLE MR. JUSTICE J.L. ODEDRA
Parties : Elboil UK Ltd Versus MV Ocean Voyager (IMO 9458406) & Another
Appearing Advocates : For the Plaintiff: Paurami B. Sheth(841), Advocate. For the Defendant: Sukumar M Tirthani(12200), Advocate.
Date of Judgment : 25-05-2026
Head Note :-
Subject
Judgment :-

1. Learned Advocate for the Plaintiff mentioned this matter for urgent circulation for today, as the Parties have settled the dispute out of the court, and the Defendant No. 1 Vessel is required to be released immediately. The permission was granted, and the present Suit is taken up for passing urgent orders.

2. Learned Advocate Mr. Om Shah for Learned Advocate Ms. Paurami Sheth for the petitioner has tendered purshish dated 25.05.2026 contending inter alia that the Plaintiff and Defendant No. 2, the Registered Owner of the Defendant No. 1 Vessel have sorted out the issue outside this Court and as agreed the Plaintiff has received an amount of USD 60,000.00 (US Dollars Sixty Thousand Only) towards full and final settlement of its claim against the vessel, that it has been agreed that neither parties shall have claim against each other and hence the Plaintiff does not want to proceed further with the captioned suit and prayed for withdrawal of the captioned suit and vacating arrest order dated 19.05.2026 forthwith with incidental directions. The said Purshish is taken on record and forms part of this order.

3. Heard Learned Advocate Mr. Om Shah for Learned Advocate Ms. Paurami Sheth for the Plaintiff and Learned Advocate Mr. Sukumar Tirthani for the Defendants.

4. In view of the purshish filed by the Plaintiff, the captioned suit is disposed of as withdrawn unconditionally without an effective hearing. The Order dated 19.05.2026 is vacated, and the Defendant Vessel is released with immediate effect and further permitted to sail.

5. The Registry is directed to issue Release Warrant forthwith.

6. The Registry is further directed to send this Order to Port and Customs at Deendayal Port through Email at the following addresses and the Authorities at Deendayal Port shall act on email copy of the Order and release the Defendant No. 1 Vessel forth with:

          i. signaldpt@deendayalport.gov.in

          ii. trafficmanager@deendayalport.gov.in

          iii. harbourmaster@deendayalport.gov.in

          iv. dydirector@deendayalport.gov.in

          v. dyconservator@deendayalport.gov.in

          vi. dycvo@deendayalport.gov.in

          vii. cvo@deendayalport.gov.in

          viii. dychairman@deendayalport.gov.in

          ix. cvo@deendayalport.gov.in

          x. secretary@deendayalport.gov.in

          xi. commr-cusDeendayal@nic.in

          xii. kandlacustoms@gmail.com

7. The Registry is also directed to refund permissible Court Fees in the name of the Advocate of the Plaintiff.

8. It is open for the Parties to communicate the above Order by email to the Port and Customs at Deendayal Port and the Authorities at Deendayal Port are directed to act on email message with an ordinary copy of this Order. Direct service is permitted today.

 
  CDJLawJournal