Common Order

1. 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 Consequently, the suit in COMS.No.13 of 2026 is dismissed as withdrawn, and the warrant of arrest issued against the 1st defendant vessel is hereby recalled.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 Private Limited Vs Canara Bank (1996 SCC OnLine AP 496), 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.