NATIONAL CHEMICAL CARRIERS COMPANY LIMITEDversusUACC MARAH (IMO NO. 9489091)
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- R T VACHHANI
Holding
The suit is disposed of as withdrawn and the arrest order is lifted, releasing the vessel.
Summary
The plaintiff, National Chemical Carriers Company Ltd., filed an admiralty suit seeking the arrest of the defendant vessel UACC Marah. The court ordered the vessel's arrest on 3 April 2026. The parties subsequently reached an amicable settlement on 22 May 2026, agreeing to withdraw the suit. The plaintiff moved for the suit to be dismissed, the arrest order lifted, a release warrant issued, and court fees refunded. The court accepted the settlement, disposed of the suit as withdrawn, ordered the vessel released and permitted to sail, directed issuance of a release warrant, and ordered refund of permissible court fees.
Issues considered
- Whether the court may dispose of an admiralty suit and lift an order of arrest upon the parties' settlement and withdrawal of the suit
Subjects
Judgment
C/AS/30/2026 ORDER DATED: 22/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/ADMIRALTY SUIT NO. 30 of 2026
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NATIONAL CHEMICAL CARRIERS COMPANY LIMITED
Versus
UACC MARAH (IMO NO. 9489091) & ANR.
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Appearance:
MR HARSH N PAREKH(6951) for the Defendant(s) No. 2
NOTICE SERVED for the Defendant(s) No. 1
MR DAKSHESH MEHTA(2430) for the Plaintiff(s) No. 1
MR. RUSHANG D MEHTA(6989) for the Plaintiff(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 22/05/2026
ORAL ORDER
Heard the learned Advocates appearing for the respective parties.
2. It is submitted by learned Advocate appearing for the plaintiff
Mr.Dakeshesh Mehta that the parties have now arrived at an amicable
settlement and do not intend to proceed further with the hearing of the
captioned suit. In support thereof, the settlement pursis arrived at between
the parties dated 22/05/2026 is placed on record which has been
confirmed by the learned advocate appearing for the defendant
Mr.Parekh. The said settlement pursis is ordered to be taken on record;
the contents of which reads thus:
“1. The Plaintiff had filed the captioned Suit, inter alia, seeking
arrest of the Defendant No. 1 Vessel. By an order dated
03.04.2026, this Hon' ble Court was pleased to grant arrest of the
Defendant No. 1 Vessel. The Registered Owner of the Defendant
No. 1 Vessel, i.e., Defendant No. 2, has entered appearance
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C/AS/30/2026 ORDER DATED: 22/05/2026
through their Advocate.
2. Parties have now agreed to settle out of Court and hence do
not wish to proceed further with the captioned Suit.
3. Hence, the Plaintiff prays that this Hon'ble Court be pleased to
pass appropriate orders:
a. Disposing of the Suit as withdrawn;
b. Lifting the Order of Arrest dated 03.04.2026, thereby
releasing the Defendant No. 1 Vessel from arrest and
permitting it to sail;
c. Directing the Learned Registry to issue Release Warrant
forthwith;
d. Directing the Learned Registry to refund permissible
court fees in the name of the Advocate for the Plaintiff.”
3. Hence, the captioned suit is disposed of in view of the settlement
pursis as recorded herein above. Accordingly, the vessel - defendant No.1
is ordered to be released from arrest and permitted to sail. The Registry
is directed to issue release warrant forthwith and to communicate this
order and the Release Warrant to Port and Customs at Sikka Port at
following addresses:
A. port_operation.centre@ril.com
B. ashoo.mote@ril.com
C. chsikka2012@yahoo.com
D. custjmr@nic.in
E. commr-custjmr@nic.in
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C/AS/30/2026 ORDER DATED: 22/05/2026
F. pojam.gmb@gmail.com
G. sikkavtms@gmail.com
H. ops.jam@gmbports.in
I. ch-sikka@gov.in
J. info.jamnagar@gmbports.in
K. ch-jamnagar@gov.in
4. It will also be open for the learned Advocates appearing for the
respective parties to communicate the above order and Release Warrant
by Email to the Port and Customs Authorities at Sikka who in turn are
directed to act on Email message with an ordinary copy of this order.
5. The Registry is directed to refund permissible court fees in the
name of the Advocate of the Plaintiff.
Direct Service Today is permitted.
(R. T. VACHHANI, J)
sompura
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANISHKUMAR JYOTINDRA SOMPURA(HC00189), Principal Pvt. Secretary, at High Court of Gujarat on 22/05/2026 11:50:21
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