ARYANN CHEMICAL TRADING PVT.LTD.versusMT HELEN (IMO 9263136)
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- NIRAL R MEHTA
Holding
The suit is disposed of as withdrawn and the arrest order is vacated.
Summary
Aryann Chemical Trading Pvt. Ltd. filed an admiralty suit against the vessel MT Helen and another defendant, seeking the arrest of the vessel. The plaintiff later submitted a purshis indicating that the parties had reached a settlement on 11 March 2026 and requested the withdrawal of the proceedings. The court accepted the settlement, recorded the purshis, and ordered the suit to be disposed of as withdrawn. Consequently, the earlier order directing the arrest of the vessel was vacated, and the vessel was permitted to sail. The court also directed the release of the vessel by notifying the relevant port and customs authorities and ordered a refund of the court fees to the plaintiff.
Issues considered
- Whether the suit can be withdrawn and the arrest order vacated upon the parties' settlement agreement?
Subjects
Judgment
C/AS/24/2026 ORDER DATED: 12/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/ADMIRALTY SUIT NO. 24 of 2026
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ARYANN CHEMICAL TRADING PVT.LTD.
Versus
MT HELEN (IMO 9263136) & ANR.
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Appearance:
DS AFF.NOT FILED (N) for the Defendant(s) No. 1,2
M/S.VYAS ASSOCIATES(1559) for the Plaintiff(s) No. 1
PRATIK K KHUBCHANDANI(8441) for the Plaintiff(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 12/03/2026
ORAL ORDER
[1] Learned Advocate for the Plaintiff has tendered a
purshis dated 12.03.2026, inter alia, stating that the parties have
resolved their disputes outside this Court by entering into a
Settlement Agreement dated 11.03.2026 and sought permission to
withdraw the proceedings. The said purshis is directed to be taken
on record and shall form part of this order.
[2] In view of the purshis filed by the Learned Advocate for
the Plaintiff, the suit is disposed of as withdrawn. The order dated
06.03.2026 directing the arrest of the Defendant Vessel stands
vacated and the Defendant Vessel is permitted to sail. The Registry
is hereby directed to issue a warrant of release forthwith.
Page 1 of 3
C/AS/24/2026 ORDER DATED: 12/03/2026
[3] The Registry is directed to send this order to the Port
and Customs authorities at Deendayal Port through email at the
following addresses and the Authorities at Deendayal Port shall act
on the email copy of the order and release the Defendant Vessel
forthwith:
i. signaldpt@deendayalport.gov.in
ii. signalsupdt@deendayalport.gov.in
iii. hmofficedpt@deendayalport.gov.in
iv. lawofficer@deendayalport.gov.in
v. trafficmanager@deendavalport.gov.in
vi. harbourmaster@deendayalport.gov.in
vii. dydirector@deendayalport.gov.in
viii. dyconservator@deendavalport.gov.in
ix. dychairman@deendavalport.gov.in
X dycvo@deendayalport.gov.in
xi. cvo@deendayalport.gov.in
xii. secretary@deendayalport.gov.in
xiii. Commr-cusDeendayal@nic.in
xiv. kandlacustoms@gmail.com
Page 2 of 3
C/AS/24/2026 ORDER DATED: 12/03/2026
[4] It is also open for the Plaintiff's advocate to
communicate the above order by email to the authorities and the
Port and Customs Authorities at Deendayal Port are directed to act
on the said email with an ordinary copy of this order.
[5] Since the suit is disposed of before the returnable date,
the Registry is directed to refund the permissible court fees in the
account of the Plaintiff within a period of two weeks, as per the
applicable rules, details of which are as follows:
Aryann Chemical Trading Private Limited
Account Number: 10995500015622
Bank Name: The Federal Bank Limited
Branch: Mumbai Fort-400001
IFSC Code FDRL0001099
Swift Code: FDRLINBBIBD
Pan Number: AATCA8161G
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 12/03/2026 17:48:08
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