AKSHMA DATT SHARMAversusM.V. ALTUS EXERTUS, A VESSEL FLYING THE LIBERIAN FLAG, IMO NO 7909463
- 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- 27-WITHDRAWN @ ADM.STAGE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The suit is disposed of as withdrawn, and all related civil applications are likewise disposed, with court fees to be refunded to the plaintiff.
Summary
The parties to Admiralty Suit No. 54 of 2018 entered into a Settlement Agreement dated 12 July 2025, which the court had earlier ordered to be implemented on 18 July 2025. On 13 February 2026, both sides filed a joint purshish confirming the settlement and requesting the suit be withdrawn. The court accepted the purshish, ordered the suit to be disposed of as withdrawn, and directed that all related civil applications be similarly disposed. It also directed the registry to refund permissible court fees to the plaintiff. The order reflects the court’s approval of the parties’ settlement and the procedural closure of the case.
Issues considered
- What is the effect of a settlement agreement on the continuation of an admiralty suit?
- Can a suit and associated civil applications be withdrawn and disposed of upon parties' settlement?
- Is the court required to refund court fees to the plaintiff after withdrawal?
Subjects
Judgment
C/AS/54/2018 ORDER DATED: 13/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/ADMIRALTY SUIT NO. 54 of 2018
With
CIVIL APPLICATION (FOR MODIFICATION OF ORDER) NO. 1 of 2018
In R/ADMIRALTY SUIT NO. 54 of 2018
With
CIVIL APPLICATION (OJ) (FOR ORDERS) NO. 1 of 2025
In R/ADMIRALTY SUIT NO. 54 of 2018
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 2 of 2019
In R/ADMIRALTY SUIT NO. 54 of 2018
==========================================================
AKSHMA DATT SHARMA & ORS.
Versus
M.V. ALTUS EXERTUS, A VESSEL FLYING THE LIBERIAN FLAG, IMO NO
7909463 & ANR.
==========================================================
Appearance:
MR YN RAVANI(718) for the Defendant(s) No. 1
NOTICE SERVED BY DS for the Defendant(s) No. 2
MR DEEP D VYAS(3869) for the Plaintiff(s) No. 1,2,3
==========================================================
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
Page 1 of 2
C/AS/54/2018 ORDER DATED: 13/02/2026
amount in favour of the parties in accordance with the terms
set out under the said Settlement Agreement/Consent Terms.
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 17:25:34
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.