FIVE ELEMENT INDUSTRY LIMITEDversusMV HONCHO ( IMO 9602978 )
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- NIRAL R MEHTA
Holding
The suit is withdrawn, the arrest order is vacated, and the vessel is ordered to be released forthwith.
Summary
The plaintiff, Five Element Industry Limited, filed an admiralty suit against the vessel MV Honcho seeking enforcement of an arrest order dated 06.03.2026. The plaintiff’s counsel submitted a withdrawal petition on 17.03.2026, stating that the parties had amicably settled the dispute and that the suit no longer required adjudication. The Court, upon accepting the withdrawal, vacated the arrest order and ordered the immediate release of the vessel. It directed the registry to issue a release warrant and to refund permissible court fees to the plaintiff’s counsel. The order was also communicated to the Port and Customs Authorities at Kandla for execution, with provisions for service by email or direct service by the parties' advocates.
Subjects
Judgment
C/AS/22/2026 ORDER DATED: 17/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/ADMIRALTY SUIT NO. 22 of 2026
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FIVE ELEMENT INDUSTRY LIMITED
Versus
MV HONCHO ( IMO 9602978 )
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Appearance:
MR. JAIMIN R DAVE(7022) for the Defendant(s) No. 1
MS MANVI A DAMLE(10805) for the Defendant(s) No. 1
IG JOSHI(8726) for the Plaintiff(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 17/03/2026
ORAL ORDER
1. Heard learned advocate Mr. Ishan Joshi for the Plainti
and Mr. Jaimin R. Dave a/w Mr. Pulkit Dhawan for the
Defendant Vessel.
2. Learned Advocate Mr. Ishan Joshi for the Plainti has
tendered a Withdrawal Purshis dated 17.03.2026 and
submitted that the parties have amicably settled the issue
outside the Court and therefore, the cause does not survive to
pursue the matter against the Defendant Vessel any further.
Hence, he seeks permission to withdraw the proceedings and
vacate the arrest order dated 06.03.2026. The said
Withdrawal Purshis is ordered to be taken on record.
3. In view of the purshis /led by the learned advocate for
the Plainti , the suit is disposed of as withdrawn. The order
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C/AS/22/2026 ORDER DATED: 17/03/2026
dated 06.03.2026 stands vacated, and Defendant Vessel is
hereby ordered to be released forthwith. The Registry is
directed to issue a release warrant forthwith.
4. The Registry is further directed to refund permissible
Court fees in the name of the learned advocate for the
Plainti .
5. The Registry is directed to send this order to the Port
and Customs Authorities at Kandla Port, and the authorities
shall act on email copy of the order and release the
Defendant:
dydirector@kandlaport.gov.in
harbourmaster@kandlaport.gov.in
dyconservator@kandlaport.gov.in
srdydirector@kandlaport.gov.in
dyco@kandlaport.gov.in
vo@kandlaport.gov.in
kandlacustoms@kandlaport.gov.in
signaldpt@kandlaport.gov.in,
tra icmanager@deendayalport.gov.in
harbourmaster@deendayalport.gov.in
dyconservator@deendayalport.gov.in
dycvo@deendayalport.gov.in
cvo@deendayalport.gov.in
Secretary@deendayalport.gov.in
commmr-cusDeendayal@nic.in
6. The Port and Custom Authorities at Kandla Port are
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C/AS/22/2026 ORDER DATED: 17/03/2026
directed to act on an email message enclosing a scanned copy
of the Warrant of Release and this Order.
7. It shall be open for the advocates of the Defendant
Vessel to directly serve the Port and Customs Authorities at
Kandla Port a copy of this Order and the Warrant of Release;
and the Port and Customs Authorities at Kandla Port are
directed to act on a simple copy of the order.
8. It is also open for the Plainti 's or Defendant's advocate
to communicate the above order by Email at their own cost,
and the Port and Customs authorities are directed to act on
the email message with an ordinary copy of this order.
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 17/03/2026 17:37:22
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