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High Court of Gujarat

HMS BERGBAU DUBAI FZCOversusMV HONCHO (IMO 9602978)

Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The suit is disposed of as withdrawn and the arrest order is vacated, directing the immediate release of the vessel.

Summary

In an admiralty suit (R/ADMIRALTY SUIT NO. 18 of 2026) filed by HMS BERGBAU DUBAI FZCO against MV HONCHO, the plaintiff obtained an arrest order on 27.02.2026 against the defendant vessel. The plaintiff later settled the dispute and, through counsel Mr. Manav A Mehta, filed a withdrawal purshish on 06.03.2026 seeking to vacate the arrest order. The Hon'ble Justice Niral R. Mehta considered the withdrawal and, noting the settlement, ordered that the suit be disposed of as withdrawn and the arrest order be vacated. The court directed the immediate release of the vessel and instructed the registry to issue a release warrant. Additionally, the registry was directed to refund permissible court fees to the plaintiff and to communicate the order to the relevant port and customs authorities via email.

Issues considered

  • Whether the arrest order dated 27.02.2026 should be vacated upon the plaintiff's withdrawal of the suit?

Subjects

withdrawalarrest orderadmiralty suitmaritime lawcourt feesrelease warrantsettlement

Judgment

      C/AS/18/2026                               ORDER DATED: 06/03/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/ADMIRALTY SUIT NO. 18 of 2026

==========================================================
                       HMS BERGBAU DUBAI FZCO
                               Versus
                       MV HONCHO (IMO 9602978)
==========================================================
Appearance:
MR MANAV A MEHTA(3246) for the Plaintiff(s) No. 1
==========================================================

  CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                             Date : 06/03/2026

                              ORAL ORDER


[1]           Learned Advocate Mr. Manav Mehta for the Plaintiff

has mentioned this matter for urgent circulation today and

considering the urgency involved, the present matter is taken up for

hearing today.


[2]           Learned Advocate Mr. Manav Mehta has tendered a

Withdrawal Purshish dated 06.03.2026 and submitted that the

Plaintiff has settled the matter and sought permission to withdraw

the proceedings and vacate the arrest order dated 27.02.2026.

Purshish dated 06.03.2026 is directed to be taken on record and

shall form part of this order.



                                 Page 1 of 4
      C/AS/18/2026                              ORDER DATED: 06/03/2026




[3]           In view of the purshish filed by the Learned Advocate

for the Plaintiff, the suit is disposed of as withdrawn. The order

dated 27.02.2026 stands vacated and Defendant Vessel is directed

to be released forthwith. The registry is directed to issue release

warrant forthwith.


[4]           The Registry is directed to refund permissible court fees

in the name of the Plaintiff, the bank account details of which shall

be provided by the Plaintiff’s advocate to the Registry in due

course.


[5]           The Registry is directed to send this order to Port and

Customs at Deendayal Port at following email addresses:


  a) dydirector@kandlaport.gov.in,

  b) harbourmaster@kandlaport.gov.in,

  c) dyconservator@kandlaport.gov.in,

  d) srdydirector@kandlaport.gov.in,

  e) dycvo@kandlaport.gov.in,

  f) vo@kandlaport.gov.in,



                                Page 2 of 4
      C/AS/18/2026                          ORDER DATED: 06/03/2026




  g) kandlacustoms@gmail.com,

  h) hmofficekpt@gmail.com,

  i) trafficmanager@kandlaport.gov.in,

  j) komal.patel@gov.in,

  k) signaldpt@kandlaport.gov.in,

  l) commr-cusKandla@nic.in,

  m) cvo@kandlaport.gov.in,

  n) signaldpt@deendayalport.gov.in,

  o) trafficmanager@deendayalport.gov.in,

  p) harbourmaster@deendayalport.gov.in,

  q) dyconservator@deendayalport.gov.in,

  r) dycvo@deendayalport.gov.in,

  s) cvo@deendayalport.gov.in,

  t) Secretary@deendayalport.gov.in,

  u) commmr-cusDeendayal@nic.in,

  v) dydirector@deendayalport.gov.in


[6]           It is also open for the Plaintiff’s advocate to

communicate the above order by Email at their own cost and the

Port and Customs Authorities are directed to act on Email message


                              Page 3 of 4
             C/AS/18/2026                                                          ORDER DATED: 06/03/2026




  with an ordinary copy of this order.


  [7]                  With the above directions, the present suit is disposed

  of as withdrawn.


             Direct Service TODAY is permitted.




                                                                                         (NIRAL R. MEHTA,J)
  CHANDRESH


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CHANDRESH NATVARBHAI SIDDHAPURA(HC01109), PRIVATE SECRETARY, at High Court of Gujarat on 06/03/2026 17:40:31




                                                        Page 4 of 4


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