High Court of Gujarat

INDIAN SYNTHETIC RUBBER PRIVATE LIMITEDversusMT PRABHU PARVATI(IMO-9423621)

Decided: 30 July 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: NIKHIL S KARIEL

Holding

The suit is withdrawn unconditionally, and the vessel is freed from arrest with the port authorities directed to issue all necessary clearances.

Summary

The plaintiff, Indian Synthetic Rubber Private Limited, filed an Admiralty suit against the vessel MT Prabhu Parvati (IMO 9423621) and others. The plaintiff later submitted a purshis indicating a settlement with the vessel owners, including a Letter of Undertaking and email confirmation that the owners would handle discharge and disposal at no cost to the plaintiff. Since none of the defendants appeared, the court accepted the withdrawal and ordered the suit to be disposed of unconditionally. The earlier arrest order on the vessel was modified, freeing the vessel and directing the port and customs authorities at Deendayal Port, Kandla to issue all necessary NOCs and port clearances based on existing certificates. The court also directed a refund of permissible court fees to the plaintiff and instructed the registry to communicate the order to the relevant port authorities.

Issues considered

What is the effect of the plaintiff's withdrawal of the Admiralty suit on the existing arrest order?
Whether the port and customs authorities must issue NOC and clearance based on the statutory certificates after the suit is withdrawn.

Subjects

Admiralty law
Vessel arrest
Suit withdrawal
Port clearance
Deendayal Port
Indian Synthetic Rubber Private Limited
MT Prabhu Parvati

Judgment

        C/AS/52/2026                                    ORDER DATED: 30/07/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/ADMIRALTY SUIT NO. 52 of 2026

==========================================================
                INDIAN SYNTHETIC RUBBER PRIVATE LIMITED
                                 Versus
                  MT PRABHU PARVATI(IMO-9423621) & ORS.
==========================================================
Appearance:
DS AFF.NOT FILED (N) for the Defendant(s) No. 1,2,3
MUNJAAL M BHATT(8283) for the Plaintiff(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                               Date : 30/07/2026
                                ORAL ORDER


1.      The present Admiralty Suit has been listed urgently, at the request
of learned Advocate Mr. Munjaal Bhatt for the plaintiff.


2.      Mr. Munjaal Bhatt, learned advocate for the Plaintiff has tendered
a Purshis dated 30.07.2026 stating inter alia that the Plaintiff does not
wish to proceed further with the suit owing to developments that have
taken place after the date of arrest including issuance of signed LOU
provided by M/s North Standard, Owner P&amp;I as well as Email
confirmation that Owners P&amp;I shall organize discharge / disposal
etc. without any cost / recourse to the Plaintiff. The said Purshis is taken
on record and shall form part of this Order.


3.      Considering that none of the Defendants have put in appearance till
date, this Court passes the following order:


        a.      The    captioned   Suit    is     disposed   of    as    withdrawn
        unconditionally.




                                    Page 1 of 3
C/AS/52/2026                                   ORDER DATED: 30/07/2026




b.      The order dated 25.07.2026 ordering arrest of Defendant
No. 1 Vessel is hereby modified and the Defendant No. 1 Vessel
bearing IMO: 9423621 is ordered to be free from arrest.


c.      The Port and Customs Authorities at Deendayal Port, Kandla
shall issue all NOC and Port Clearance (PC) based on the statutory
certificate available on board, including the insurance certificate
and grant all departure permission on the basis of the existing
certificates and documents available on board.


d.      All the disputes related to the Defendant No. 1 Vessel raised
in the captioned Admiralty Suit are settled.


e.      The Registry is directed to send this order to Port and
Customs at Deendayal Port through Email at following addresses
and the Authorities at Deendayal Port shall act on Email copy of
the order:


(i) [email protected]
(ii) [email protected]
(iii) [email protected]
(iv) [email protected]
(v) [email protected]
(vi) [email protected]
(vii) [email protected]
(viii) [email protected]
(ix) [email protected]
(x) [email protected]
(xi) [email protected]
(xii) [email protected]

                            Page 2 of 3
               C/AS/52/2026                                                          ORDER DATED: 30/07/2026




               f.        The Registry is directed to refund the permissible court fees
               in favour of the Plaintiff.


     4.        It is also open for the learned advocate appearing for the Plaintiff
     to communicate the above order by Email and the Port and Customs
     Authorities at Deendayal Port, Kandla shall act on Email copy of the
     order and permit the Defendant Vessel, MT Prabhu Parvati (IMO:
     9423621) to sail with respect to the captioned suit.


               Direct service TODAY is permitted.



                                                                                          (NIKHIL S. KARIEL,J)
     BDSONGARA



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHUPENDRASINH DHANESINH SONGARA(HC01082), Private Secretary, at High Court of Gujarat on 30/07/2026 16:23:12




                                                          Page 3 of 3

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