High Court of Gujarat
BONAIRE HOLDINGS PTE. LTD. OWNER OF SWISSCO PEARL (IMO 9704257)versusALPHARD MARITIME LTD. THROUGH AUTHORISED SIGNATORY GANESH NABAR
- Disposal
- 33-CA DISPOSED OF
- Bench
- NIRAL R MEHTA
Holding
The suit is allowed and decreed in accordance with the Resolution Agreement, and all pending applications are disposed of as infructuous.
Summary
Alphard Maritime Ltd. filed an admiralty suit against Ocean Opal and other defendants. The parties later executed a Resolution Agreement on 5 February 2026 settling all disputes. The plaintiff sought a consent decree based on that agreement and asked the court to declare various pending OJCA applications infructuous, vacate arrest orders on vessels, and direct the Deendayal Port Authority to release the arrested vessel Swissco Pearl. The court examined the written, signed agreement and found the disputes resolved. It allowed the suit, recorded the agreement, decreed the suit in accordance with it, vacated the arrest orders, directed authorities to act on the order, and disposed of all pending applications without costs.
Issues considered
- Whether the suit can be decreed in terms of the parties' Resolution Agreement
- Whether pending OJCA applications become infructuous upon settlement
- Whether the court may vacate the arrest orders on the vessels of Defendants 1‑4 and Defendant 5
- Whether the court can direct the Deendayal Port Authority to release the arrested vessel
Legislation cited
- Code of Civil Procedure, 1908s. Order VII Rule 11(a)
Subjects
Consent decreeResolution agreementAdmiralty suitArrest of vesselCode of Civil ProcedureOrder VII Rule 11Maritime disputeCivil applications
Judgment
C/AS/3/2025 ORDER DATED: 17/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/ADMIRALTY SUIT NO. 3 of 2025
With
CIVIL APPLICATION (OJ) (FOR DIRECTION) NO. 1 of 2025
In R/ADMIRALTY SUIT NO. 3 of 2025
With
CIVIL APPLICATION (OJ) (FOR VACATING INTERIM RELIEF) NO. 2 of
2025
In R/ADMIRALTY SUIT NO. 3 of 2025
With
CIVIL APPLICATION (OJ) (FOR JOINING PARTY) NO. 6 of 2025
In R/ADMIRALTY SUIT NO. 3 of 2025
With
CIVIL APPLICATION (OJ) (FOR ORDERS) NO. 8 of 2025
In R/ADMIRALTY SUIT NO. 3 of 2025
With
CIVIL APPLICATION (OJ) (FOR ORDERS) NO. 9 of 2025
In R/ADMIRALTY SUIT NO. 3 of 2025
With
CIVIL APPLICATION (OJ) (FOR ORDERS) NO. 11 of 2025
In R/ADMIRALTY SUIT NO. 3 of 2025
With
CIVIL APPLICATION (OJ) (FOR VACATING STAY) NO. 12 of 2025
In R/ADMIRALTY SUIT NO. 3 of 2025
With
R/CIVIL APPLICATION NO. 4314 of 2025
In
R/ADMIRALTY SUIT NO. 3 of 2025
==========================================================
ALPHARD MARITIME LTD. THROUGH AUTHORISED SIGNATORY
Versus
OCEAN OPAL (IMO 9626493) & ORS.
==========================================================
Appearance:
MR. KEYUR GANDHI, NISARG DESAI, PRAVALIKHA BATTHINI, LD
ADVOCATES on behalf of GANDHI LAW ASSOCIATES(12275) for the
Defendant(s) No. 1,2,3,4
MR. PARTH SALUJA on behalf of MR JEET B KARIA(11991) for the
Defendant(s) No. 5
MR. ROHAN LAVKUMAR,MR ADITYA DAVE, MR NISARG TRIVEDI, LD
ADVOCATES on behalf of NANAVATI ASSOCIATES(1375) for the Plaintiff(s)
No. 1
==========================================================
Page 1 of 4
C/AS/3/2025 ORDER DATED: 17/02/2026
CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 17/02/2026
ORAL ORDER
1. The Plainti has led the present application along with
the original Resolution Agreement dated 5 th February 2026
seeking the following reliefs in relation to the present Suit:
A. This Hon’ble Court be pleased to take the
Resolution Agreement dated 5 th February 2026
[Annexure ‘A’] on record and pass a Consent Decree in
the present Suit in terms of the Resolution Agreement
dated 5th February 2026.
B. This Hon’ble Court further be pleased to dispose of
the following OJCAs referred to in para 8 of the present
A+idavit as infructuous:
a. OJCA NO. 1 of 2025 .led by Plainti+ for the
sale of the Defendant No. 5.
b. OJCA NO. 2 of 2025 .led by Underwater
Services Company Ltd. for vacating the Order of
Arrest dated 11th March 2025
c. OJCA NO. 6 of 2025 .led by Saraswat Co-
operative Bank Ltd. seeking intervention in the
present Suit.
d. OJCA NO. 8 of 2025 .led by Defendant No. 1, 3
and 4 seeking Condonation of Delay in .ling in
their Written Statement.
e. OJCA NO. 9 of 2025 .led by Defendant Nos. 1
to 4 under Order VII Rule 11(a) of the Code of
Civil Procedure, 1908.
f. OJCA NO. 11 of 2025 .led by Defendant No. 5
under Order VII Rule 11(a) of the Code of Civil
Procedure, 1908.
Page 2 of 4
C/AS/3/2025 ORDER DATED: 17/02/2026
g. OJCA NO. 12 of 2025 .led by Defendant No. 5
for vacating Arrest of the Defendant No. 5
h. OJCA NO. 4314 of 2025 .led by Defendant No.
5 seeking Condonation of Delay in .ling in its
Written Statement.
D. This Hon’ble Court be pleased to issue necessary
directions to the Deendayal Port Authority for vacating
the arrest of Defendant No. 5 vessel, namely Swissco
Pearl (IMO: 9704257).
E. Any other and further relief this Hon’ble Court
deems .t in the interest of justice and equity.’
2. Heard Learned Advocates for the respective parties and
perused the original Resolution Agreement dated 5 th February
2026. The Learned Advocates jointly submit that disputes
between the parties are now settled in terms of the Resolution
Agreement. Resultantly, the Plainti prays that a Consent
Decree be passed in the present suit in terms of the
Resolution Agreement dated 5 th February 2026 [Annexure A at
pg. 8 of the Civil Application]. The Advocates for the
Defendants also join in that request.
3. The Resolution Agreement dated 5th February 2026
nally settles all disputes arising out of the present Suit. The
said Agreement is in writing and duly signed by the parties.
Page 3 of 4
C/AS/3/2025 ORDER DATED: 17/02/2026
4. In view of the above, following order has been passed:
a. The present Suit is allowed.
b. The original Resolution Agreement dated 5 th
February 2026 is taken on record.
c. The suit is decreed in terms of the Resolution
Agreement dated 5th February 2026 [Annexure A to
the present Application].
d. Decree to be drawn up accordingly.
e. The undertaking dated 12th March 2025 and 17th
March 2025 of the owners of the Defendant Nos. 1-4
vessels, and the Order of Arrest of Defendant No. 5
Vessel (Swissco Pearl, IMO: 9704257) dated 11 th
March 2025 are vacated.
f. All concerned authorities, including the Deendayal
Port Authority (in respect of Defendant No.5), to act
on an authenticated copy of the present Order.
g. In view of the above, all civil applications pending in
the present suit are disposed of accordingly.
h. No order as to costs.
i. 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 17/02/2026 17:43:40
Page 4 of 4
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