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Madras High CourtA/2393/2026closed

Owners And Parties Interested In Mv Zhong Gu Xiong An v. Shipoil Limited

2026-06-11Honourable Mr.Justice K.Kumaresh Babu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-06-2026

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU and A.No.2331 of 2026 in c.S.(COMM DIV)No.155 of 2026 Owners And Parties Interested IN MV ZHONG GU XIONG AN IMO NO.9812901 Presently lying at the chennai port and represented herein by its Master ..Applicant(s) Vs Shipoil Limited A Company incorporated under the Laws of Hong Kong, Having its Registered office at Level 28 The Lee Garden Two Unit 28- 25, 28 Yun Ping Road Causeway Bay Hong Kong previously at 79 Lei Muk Road 22/F Unit 7 Asia Trade Centre Kwai Chung New Territories, Hong Kong, rep by its Authorised Signatory, Sudarshan Gujjar ..Respondent(s) PRAYER:-Application has been filed to raise the order of arrest of the Defendant vessel dated 08/06/2026 in A.No.2331 of 2026 in C.S.(Comm.Div) No.155 of 2026 passed by this Honble Court by securing the claim of the Plaintiff of USD 1,236,070.

97,which is based on RBI reference rate on INR 95.74 per USD as on 04/06/2026 and interest at 2 percent per month from the date of filing the Plaint i.e. 8th June 2026, is equivalent to INR 11,85,74,946.00 (inclusive of Interest till 11th June 2026) by way of demand draft.

For Applicant(s):

Mr.K.Mukund Rao for M/s.Eswar Kumar and Rao For Respondent(s):

Mr.H.Siddarth A.No.2331 of 2026 Shipoil Limited A Company incorporated under the Laws of Hong Kong Level 28 The Lee Garden Two Unit 28 25 28 Yun Ping Road Causeway Bay Hong Kong previously at 79 Lei Muk Road 22F Unit 7 Asia Trade Centre Kwai Chung New Territories Hong Kong rep.by its Authorised Signatory Sudarshan Gujjar.

..Applicant(s) Vs Owners And Parties Interested IN MV ZHONG GU XIONG AN (IMO NO 9812901), a motor vessel, flying the flag of China presently lying at the Port and represented herein by its Master ..Respondent(s) PRAYER:- Application has been filed to To order the Interim Arrest of the vessel MV ZHONG GU XIONG AN (IMO NO.9812901) flying flag of China, in as is where is condition, together with the engines, tackles, cranes, paraphernalia, fixtures, furniture and fittings, presently lying at the Chennai Port, Chennai, Tamil Nadu State, India, within the jurisdiction of this Honble Court or wherever she is found within the territorial waters of India, pending disposal of the above suit.

For Applicant(s):

Mr.H.Siddarth For Respondent(s):

Mr.K.Mukund Rao for M/s.Eswar Kumar and Rao

COMMON ORDER When the matter was taken up for hearing, a Demand Draft dated 10.06.2026 bearing DD.No.155451 drawn in Axis Bank, Andheri, Mumbai had been placed before this Court and the learned counsel appearing for the respondent/ applicant would also acknowledge that the value of the Demand Draft representing the value of the amount to be recovered along with interest.

2. In such view of the matter, the arrest of the Vessel stands raised.

3. Registry is directed to issue warrant to release fof the Vessel.

4. The said Demand Draft placed before this Court shall be transferred to the Registrar General, Madras High Court, chennai who shall place the same in the interest bearing Fixed Deposit with the Indian Bank (High Court Branch), Madras High Court Campus, Chennai. The said deposit shall be subject to the result of the suit. Accordingly, these applications are closed.

5. The learned counsel for the defendant is directed to communicate the warrant of release through E-mail to the Port Trust Authorites. 11-06-2026 Index: Yes/No Speaking/Non-speaking order GBA Note: Issue order copy today by 2.15 p.m.

K.KUMARESH BABU, J.

GBA and A.No.2331 of 2026 in c.S.(COMM DIV)No.155 of 2026 11-06-2026

A.Nos.2393 & 2331 of 2026 and C.S.(Comm.Div).No.155 of 2026 K.KUMARESH BABU, J.

This matter has been listed under the caption for being mentioned at the instance of the learned counsel appearing for the respondent / plaintiff and the applicant / defendant.

2. He seeks the Court's indulgence to record that the said deposit may be without prejudice to the rights of the defendant in the suit in the order dated 11.06.2026.

3. Accordingly, the sentence "the said deposit shall be subject to the result of the suit" in paragraph No.4 shall stand deleted and it is replaced with "the said deposit shall be without prejudice to the rights of the respondent / defendant in the suit".

4. Except the above, the rest of the order dated 11.06.2026, remains unchanged.

15.06.2026 vum