High Court of Gujarat

BHILOSA INDUSTRIES PVT. LTD.versusMV AL WATHBHA (IMO NO. 9852743)

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: R T VACHHANI

Holding

The court granted the plaintiff's request, withdrew the Admiralty suit, and ordered a refund of court fees.

Summary

Bhilosa Industries Pvt. Ltd. filed an Admiralty suit against MV Al Wathbha (IMO No. 9852743) and others. The plaintiff's counsel, Mr. Manav A. Mehta, informed the court that the vessel had left the territorial jurisdiction, rendering the suit infructuous. He sought the court's permission to withdraw the suit and submitted a Xerox copy of the withdrawal pursis, with Mr. Ashutosh Singhania undertaking to place the original on record. The Hon'ble Justice R. T. Vachhani granted permission to withdraw the suit. The suit was consequently disposed of as withdrawn, and the court directed that the admissible court fees be refunded to the plaintiff's advocate. The order was signed digitally and entered into the record.

Issues considered

The vessel's departure from the court's territorial jurisdiction makes the Admiralty suit infructuous.
Whether the court may permit withdrawal of an Admiralty suit and order a refund of court fees.

Subjects

Admiralty lawwithdrawal of suitjurisdictioncourt feescivil procedurevessel

Judgment

          C/AS/39/2026                                                            ORDER DATED: 23/05/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                        R/ADMIRALTY SUIT NO. 39 of 2026
==========================================================
                           BHILOSA INDUSTRIES PVT. LTD.
                                       Versus
                       MV AL WATHBHA (IMO NO. 9852743) & ORS.
==========================================================
Appearance:
MR MANAV A MEHTA(3246) for the Plaintiff(s) No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE R. T. VACHHANI

                                               Date : 23/05/2026
                                                ORAL ORDER
          Learned Advocate Mr. Manav Mehta mentioned this matter for urgent
circulation for today and considering the urgency involved in the matter, the
present matter is taken up for hearing today.


2.        When the matter is taken up for hearing today through VC Mode,
learned advocate Mr. Manav Mehta for the plaintiff appears and states at the
bar that the Vessel in question has left the territorial jurisdiction of this Court
and therefore, the captioned suit is become infructuous and seeks permission to
withdraw the said suit while placing on record the Withdrawal Pursis. The
xerox copy of the said pursis is tendered by learned Advocate Mr.Ashutosh
Singhania who is present in the Court appearing for and on behalf Mr.Manav
Mehta, learned advocate for the plaintiff and also undertakes to place on record
the original copy of Withdrawal Pursis.
3.        In view of the above statement, permission as sought for is granted. The
present Admiralty Suit is disposed of as withdrawn as requested. In view of
withdrawal of the suit the admissible Court fees is directed to be refunded in
the name of learned advocate who has entered appearance on behalf of the
plaintiff in Admiralty Suit No. 39 of 2026.


                                                                                          (R. T. VACHHANI, J)
sompura

 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: MANISHKUMAR JYOTINDRA SOMPURA(HC00189), Principal Pvt. Secretary, at High Court of Gujarat on 23/05/2026 17:48:27


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