(Prayer: Under the facts and circumstances as narrated above, the Plaintiff prays as under (in the alternative, where such qualification is applicable) a. For a decree in its favour and against the Defendant No.1 Vessel, M.T. FUJI CHEM (IMO 1126930), for a sum of INR 20,08,589.33 and further interest @ 24 percent p.a. from the date of filing of this suit till payment and / or realization, together with costs of INR 7,00,000. b. For a decree, order and direction that the Defendant No.1 pay to the Plaintiff the amount of INR 2,91,85,708 (or any enhanced claim amount) along with interest of 24 percent p.a. till payment so as to enable the Plaintiff to utilise the same to pay off Defendant No.2 and 3’s claim in respect of the Defendant No.1 vessel’s charges or directly pay the said amounts to Defendants No.2 and 3 c. That the Defendant No.1 Vessel, M.T. FUJI CHEM (IMO 1126930) flying the flag of St. Kitts and Nevis along with her hull, tackle, boats, machinery, equipment, appurtenances and all other paraphernalia, presently at the port and harbour of Krishnapatnam, 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 d. That the Defendant No.1 Vessel, M.T. FUJI CHEM (IMO 1126930) flying the flag of St. Kitts and Nevis along with her hull, tackle, boats, machinery, equipment, appurtenances and all other paraphernalia, presently at the port and harbour of Krishnapatnam, within the territorial waters over which this Hon’ble Court exercises jurisdiction be sold under orders and directions of this Hon’ble Court and the sale proceeds thereof be applied towards the satisfaction of the Plaintiff’s claim in the suit e. For a decree, order and declaration that the Plaintiff is entitled to be held harmless / indemnified by Defendant No.1 against any charges Defendant No.2 and 3 may demand from the Plaintiff on account of port charges accrued in respect of the Defendant No.1 vessel f. For a decree, order and declaration that Defendant No.2 not curtail or prevent, in any manner, the Plaintiff s business activities as a vessel agent for any port dues that may have accrued in respect of the Defendant No.1 vessel g. That pending the hearing and final disposal of the suit, the Defendant No.1 Vessel M.T. FUJI CHEM (IMO 1126930) flying the flag of St. Kitts and Nevis along with her hull, tackle, boats, machinery, appurtenances and all other paraphernalia, presently at the port and harbour of Krishnapatnam, 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 Krishnapatnam and/or moving out of the waters over which this Hon’ble Court exercises admiralty jurisdiction h. That pending the hearing and final disposal of the suit, the Defendant-Vessel, M.T. FUJI CHEM (IMO 1126930) flying the flag of St. Kitts and Nevis along with her hull, tackle, boats, equipment, appurtenances, machinery and all other paraphernalia, presently at the port and harbour of Krishnapatnam, 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 No.1 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 i. That pending the hearing and final disposal of the suit, Defendant No.2 be directed to not curtail or prevent, in any manner, the Plaintiff’s business activities as a vessel agent for any port dues that may have accrued in respect of the Defendant No.1 vessel and for costs of the suit.

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, pending hearing and disposal of the suit, the Defendant No.1 Vessel, M.T. FUJI CHEM (IMO 1126930) a motor vessel flying the flag of St. Kitts and Nevis along with her hull, tackle, boats, machinery, appurtenances and all other paraphernalia, presently at the port and harbour of Krishnapatnam, 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 Krishnapatnam, till security towards the Plaintiff’s claim of INR 3,18,95,297.33 (Rupees Three Crore Eighteen Lakh Ninety Five Thousand Two Hundred and Ninety Seven and Thirty Three Paisa) in the suit/other appropriate proceeding is furnished.

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 to restrain Defendant No.2 from curtailing or preventing in any manner, the Plaintiff’s business operations at Krishnapatnam port on the basis that Defendant No.1’s vessel dues have not been paid.

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 that the Respondent No. 1/Defendant No.1 Vessel M.T. Fuji Chem (IMO 1126930) flying the flag of St. Kitts and Nevis along with her hull, tackle, boats, equipment, appurtenances, machinery and all other paraphernalia, presently lying at port and harbour of Krishnapatnam and arrested as per the orders of this Hon’ble Court dated 31.03.2026 be appraised by any suitable marine surveyors/valuers according to true value thereof and upon such value certified in writing by the said surveyors/valuers, the Defendant No.1 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.

IA N.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 to direct the Registry to refund the court fees of Rs.1,59,476/- 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.

IA No.5 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 to permit the Plaintiff to withdraw the present suit in COMS No. 08 of 2026 with liberty and consequently vacate the arrest order dated 31.03.2026 in I.A No.1 of 2026 in COMS No. 08 of 2026 and permit the Defendant No.1 vessel to sail from Krishnapatnam Port.)

1. I.A. No.5 of 2026 is filed by the petitioner/plaintiff seeking to withdraw this Commercial Suit and, consequently, vacate the arrest order, dated 31.03.2026, passed in I.A. No.1 of 2026 and permit the 1st defendant/vessel to sail from the Adani Krishnapatnam Port. Along with I.A. No.5 of 2026, the petitioner also filed settlement agreement, dated 12.06.2026, entered into by and between the plaintiff and 1st defendant/owner of the vessel.

2. The terms and conditions of the settlement agreement, dated 12.06.2026, are taken on record and forms part of this order.

3. Heard the arguments of learned counsel for the plaintiff and learned counsel appearing on behalf of the defendants.

4. In view of ordering I.A. No.5 of 2026, vide separate proceeding sheet, today, the Commercial Suit No.8 of 2026 stands dismissed as withdrawn. There shall be no order as to costs

5. Accordingly, the interim order of arrest, dated 31.03.2026, passed in I.A. No.1 of 2026, is hereby vacated and the warrant of arrest stands recalled.

6. The 2nd defendant – Port is directed to release the 1st defendant vessel, forthwith, to permit her to sail from 2nd defendant – Adani Krishnapatnam Port, however, subject to payment of outstanding port charges, anchorage fees and berth hire charges etc., as per the terms of the Settlement Agreement, dated 12.06.2026.

Consequently, Miscellaneous Applications pending, if any, shall stand closed.