KUNDAN SINGH MAJGAINE, INDIAN PASSPORT NO Z4108528versusM.V. ALTUS EXERTUS
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- NIRAL R MEHTA
Holding
The suit is allowed to be withdrawn and disposed of as withdrawn, and the permissible court fees are to be refunded to the plaintiff.
Summary
The parties to Admiralty Suit No.5 of 2019 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 the parties filed a joint purshish confirming the settlement and requesting withdrawal of the suit. The court accepted the settlement, ordered the suit to be withdrawn and the accompanying civil application to be disposed of, and directed the registry to refund the permissible court fees to the plaintiff. No substantive legal dispute remained as the matter was resolved amicably. The order was signed and digitally recorded by the presiding judge.
Issues considered
- Whether the Admiralty suit can be withdrawn and disposed of following a settlement agreement between the parties
- Whether the court fees paid by the plaintiff are refundable upon withdrawal of the suit
Subjects
Judgment
C/AS/5/2019 ORDER DATED: 13/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/ADMIRALTY SUIT NO. 5 of 2019
With
CIVIL APPLICATION (OJ) (FOR ORDERS) NO. 1 of 2025
In R/ADMIRALTY SUIT NO. 5 of 2019
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KUNDAN SINGH MAJGAINE, INDIAN PASSPORT NO Z4108528 & ORS.
Versus
M.V. ALTUS EXERTUS & ANR.
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Appearance:
MR YN RAVANI(718) for the Defendant(s) No. 1
NOTICE UNSERVED for the Defendant(s) No. 2
MR DA SANKHESARA(5955) for the Plaintiff(s) No. 1,2,3,4,5
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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.
3. The said Purshish dated 13.2.2026 is taken on record
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C/AS/5/2019 ORDER DATED: 13/02/2026
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, Civil
Application 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 17:27:04
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