High Court of Gujarat

MT JAGUAR (IMO NO. 9293002)versusWINZARD (HONGKONG) LIMITED

Disposal: 35-ANY OTHER MODE @ ADM.STAGE
Bench: NIRAL R MEHTA

Holding

The application is disposed, and the applicant is directed to undertake the required compliance within ten days for the remittance to be effected.

Summary

The applicant filed a Miscellaneous Civil Application seeking restoration of Admiralty Suit No. 10 of 2025 and a copy of the SWIFT message relating to a court‑ordered remittance. The court was informed that the foreign bank could not process the remittance because of incorrect account details and compliance issues, and the funds were returned as a demand draft. The court directed the applicant to correct the account details and comply with the necessary banking formalities within ten days so that the State Bank of India can effect the remittance. No order was made to revive the Admiralty Suit; instead, the application was disposed with the compliance direction. The registry was instructed to act in accordance with the law once compliance is achieved.

Issues considered

Whether the Miscellaneous Civil Application for restoration of the Admiralty Suit should be allowed.
Whether the court can direct the registry to provide the SWIFT copy and assist in tracing the remittance.
Whether the applicant must rectify account details and comply with banking requirements to enable the remittance.

Subjects

restoration of suitadmiralty jurisdictionremittance failurebank complianceprocedural ordermiscellaneous civil application

Judgment

       C/MCA/368/2026                             ORDER DATED: 27/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 368 of 2026

                         In R/ADMIRALTY SUIT/10/2025

==========================================================
                         MT JAGUAR (IMO NO. 9293002)
                                   Versus
                        WINZARD (HONGKONG) LIMITED
==========================================================
Appearance:
MR SUKUMAR M TIRTHANI(12200) for the Applicant(s) No. 1
P M BUCH(7383) for the Opponent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                              Date : 27/02/2026

                                ORAL ORDER


1.      By way of this Misc. Civil Application, the application has
approached this Court with the following reliefs:

       a.     Allow and admit the present Application and
       consequently revive the Admiralty Suit 10 of 2025
       for the limited purpose of granting the reliefs prayed
       herein.

       b.    Direct the registry to provide to the Ld.
       Advocate of the Applicant a copy of the SWIFT
       generated by the bank for remittance of funds to the
       Applicant pursuant to the Hon'ble Court's order
       dated 09/09/2025 passed in MCA 01/2025 in
       Admiralty Suit 10/2025 and provide any other
       information and assistance required by the Ld.
       Advocate and the Applicant so as to trace the status
       of the remittance e,ected pursuant to the
       aforementioned order dated 09/09/2025.

       c.       Grant any such reliefs as deemed appropriate.


                                  Page 1 of 3
     C/MCA/368/2026                        ORDER DATED: 27/02/2026




2.    By way of O ice Note dated 26.02.2026, it has been
apprised that remittance could not be successfully completed
by the Foreign Bank due to incorrect accounts details and/or
compliance related issues.


3.    For the sake of brevity, the letter dated 23.02.2026, is
hereby reproduced:

       To
       The Registrar (Inspection & Finance)
       Gujarat High Court
       Ahmedabad

       Dear Sir,

       Subject: Return of Remittance Due to Incorrect
       Account Details / Non-Compliance

       With reference to the foreign remittance initiated
       in your favour, we regret to inform you that the
       remittance has been returned by the foreign
       bank due to incorrect account details and/or
       compliance-related issues.

       Our bank made three attempts to process the
       transaction; however, each attempt has been
       returned by the foreign bank since September
       2025. In view of the repeated returns and to
       avoid further delay, we are returning the funds
       through Demand Draft No. 602248 dated
       18.02.2026 for Rs. 2,92,80,655/-.

       The remaining amount was Rs. 2,84,71,516/- for
       remittance to "LTA Shipping FZCO." But after
       unsuccessful transactions, due to rate changes,
       we have received an amount of Rs.2,92,80,655/-.
       This is for information and taking necessary
       action at your end.


                             Page 2 of 3
        C/MCA/368/2026                                                   ORDER DATED: 27/02/2026




          Kindly acknowledge receipt of the Demand Draft.

          Thanking you,

          Yours faithfully,
          Chief Manager
          State Bank of India


4.       In view of the aforesaid, the applicant shall undertake
appropriate compliance so as to enable the State Bank of
India, to remit the amount in the account of the applicant. The
said exercise shall be completed within a period of 10 days
from the date of the receipt of this order. On such compliance
being undertaken, the Registry shall do the needful in
accordance with law.


5.       The present Misc. Civil Application is disposed of
accordingly.



                                                                             (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 09/03/2026 11:30:53




                                                Page 3 of 3

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "restoration of suit"Sign in to search