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High Court of Gujarat

J. M. BAXI PORTS AND LOGISTICS LIMITEDversusMV CX KALAVRYTA (IMO - 9663128)

Decided
Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The suit is withdrawn unconditionally, the arrest order is vacated, and the vessel is released.

Summary

J.M. Baxi Ports and Logistics Ltd filed an Admiralty suit against the vessel MV CX Kalavryta seeking arrest of the ship. The plaintiff’s counsel submitted a purshish indicating that the parties had settled the dispute out of court, with the plaintiff receiving INR 68,46,545 as full and final settlement of its claim of INR 72,90,317. The plaintiff requested that the arrest order dated 25‑06‑2026 be vacated and that the suit be withdrawn. The court, noting the settlement and the plaintiff’s request, ordered the suit to be disposed of as withdrawn unconditionally, vacated the arrest order, and directed the immediate release of the vessel. The court also instructed the registry to issue a release warrant, notify relevant port and customs authorities, and refund permissible court fees to the plaintiff’s advocate.

Issues considered

  • Whether the Admiralty suit can be withdrawn and the arrest order vacated upon settlement between the parties

Subjects

  • Admiralty suit
  • vessel arrest
  • settlement
  • withdrawal of suit
  • release warrant
  • port authority

Judgment

      C/AS/46/2026                                ORDER DATED: 30/06/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                    R/ADMIRALTY SUIT NO. 46 of 2026
==========================================================
                 J. M. BAXI PORTS AND LOGISTICS LIMITED
                                  Versus
                     MV CX KALAVRYTA (IMO - 9663128)
==========================================================
Appearance:
MR. DHAIRYA D. MAMTORA(18281) for the Plaintiff(s) No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                            Date : 30/06/2026
                             ORAL ORDER

1.    The present Admiralty Suit has been listed today at 2:30
p.m. upon urgent mentioning made by learned advocate
Mr.Mamtora appearing on behalf of the plaintiff.

2.    Learned Advocate Mr. Dhairya D. Mamtora for the
Plaintiff    has     tendered   purshish       dated   29.06.2026           and
submitted that the Plaintiff and Defendant have sorted out the
issue outside this Court directly, and that the Plaintiff has
received INR 68,46,545/- towards full and final settlement of
its claim amount of INR 72,90317/- and that it has been
agreed that either parties shall not have any claim against
each other in respect of the present dispute and hence, the
Plaintiff does not want to proceed further with the captioned
suit and prayed for vacating arrest order dated 25.06.2026
forthwith and pass incidental directions.


3.    In view of the purshish filed by the Plaintiff, the
captioned suit is disposed of as withdrawn unconditionally
without an effective hearing. The Order dated 25.06.2026 is
vacated, and the Defendant Vessel is released with immediate
effect and further permitted to sail and/or beach.



                                 Page 1 of 3
     C/AS/46/2026                           ORDER DATED: 30/06/2026




3.1. The Registry is directed to issue a Release Warrant
forthwith.


3.2. The Registry is further directed to communicate this
Order to Port and Customs authorities at Jamnagar Port
authority through e-mail at the following addresses, and the
Authorities at Jamnagar Port shall act on an e-mail copy of the
Order and release the Defendant Vessel forthwith:


         i. The Commissioner of Customs, Jamnagar
         ii. The Port Officer, Bedi Port, Jamnagar
         iii. The Gujarat Maritime Board, Gandhinagar
         iv. The Vessel Traffic Management System (VTMS),
             Gujarat
         v. The Port Office, Gujarat Maritime Board, Bedi Port,
            Jamnagar
         vi. The Indian Coast Guard
        vii.The Indian Navy

At the following email addresses:


         a) [email protected] ;
         b) [email protected] ;
         c) [email protected] ;
         d) [email protected] ;
         e) [email protected] ;
         f) [email protected] ;
         g) [email protected]
          h) [email protected]
          i) [email protected] ;
          j) [email protected] ;
          k) [email protected] ;
          l) [email protected] ;
          m) [email protected] ;

                              Page 2 of 3
            C/AS/46/2026                                                      ORDER DATED: 30/06/2026




                  n) [email protected] ;
                  o) [email protected] ;
                  p) [email protected] ;
                  q) [email protected] ;
                  r) [email protected] ;
                  s) [email protected] ;
                  t) [email protected]
                  u) [email protected]


  3.3. The Registry is also directed to refund permissible Court
  Fees in the name of the Advocate of the Plaintiff.

  4.        It is also open for the Parties to communicate the above
  order by e-mail to the Authorities at Jamnagar Port, and the
  Port and Customs Authorities at Jamnagar Port are directed to
  act on the e-mail message with an ordinary copy of this order.
  Direct service today is permitted.



                                                                                   (NIKHIL S. KARIEL,J)
  Bhoomi

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 30/06/2026 16:01:30




                                                     Page 3 of 3


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