ISHWAR SINGHversusM. V. ALTUS EXERTUS
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- NIRAL R MEHTA
Holding
The suit is disposed of as withdrawn, and all related civil applications are likewise disposed, with court fees refundable to the plaintiff.
Summary
The parties to Admiralty Suit No. 51 of 2018 submitted a joint purshish on 13 February 2026 indicating that they had resolved their dispute through a Settlement Agreement dated 12 July 2025. The Court had earlier, on 18 July 2025, ordered the Registry to disburse amounts in accordance with that settlement. Upon taking the purshish on record, the Court allowed the suit to be withdrawn and ordered that the suit and all related civil applications be deemed disposed. The Court also directed the Registry to refund the permissible court fees to the first plaintiff. The order was signed by Justice Niral R. Mehta and entered on 13 February 2026.
Issues considered
- Whether a suit may be withdrawn after the parties have entered into a settlement agreement.
- What is the effect of the withdrawal on pending civil applications related to the suit?
- Whether court fees paid by the plaintiff are refundable upon withdrawal of the suit.
Subjects
Judgment
C/AS/51/2018 ORDER DATED: 13/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/ADMIRALTY SUIT NO. 51 of 2018
With
CIVIL APPLICATION (OJ) (FOR ORDERS) NO. 1 of 2025
In R/ADMIRALTY SUIT NO. 51 of 2018
With
CIVIL APPLICATION (FOR ORDERS) NO. 2 of 2019
In R/ADMIRALTY SUIT NO. 51 of 2018
==========================================================
ISHWAR SINGH & ANR.
Versus
M. V. ALTUS EXERTUS & ORS.
==========================================================
Appearance:
DS AFF.NOT FILED (N) for the Defendant(s) No. 2,3
MR YN RAVANI(718) for the Defendant(s) No. 1
PRATIK K KHUBCHANDANI(8441) for the Plaintiff(s) No. 1,2
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 13/02/2026
ORAL ORDER
1. Learned Advocates for the respective parties have
tendered a Joint Purshish dated 13.2.2026, inter alia,
contending that the parties have resolved their disputes
outside this Court by entering into a Settlement
Agreement/Consent Terms dated 12.07.2025.
2. This Court after taking on record, the Settlement
Agreement/Consent Terms dated 12.07.2025, had vide order
dated 18.07.2025 directed the Registry to disburse the
amount in favour of the parties in accordance with the terms
set out under the said Settlement Agreement/Consent Terms.
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C/AS/51/2018 ORDER DATED: 13/02/2026
3. The said Purshish dated 13.2.2026 is taken on record
and shall form part of this order. In view of the settlement
between the Parties as evidenced by the order dated
18.07.2025 and the Joint Purshish submitted, the Suit is
allowed to be withdrawn. Accordingly, the Suit stands
disposed of as withdrawn. In view of the above, all Civil
Applications also stand disposed of accordingly.
4. Registry is directed to refund the permissible court fees
in the name of plainti- no.1.
Direct service today is permitted.
(NIRAL R. MEHTA,J)
NIHAL PATEL
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NIHAL PATEL(HC02355), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 13/02/2026 17:24:04
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