Seaknct Marine And Offshore Pvt Ltd v. Ambar Imo 9548770

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION COMMERCIAL ADMIRALTY SUIT NO. 35 OF 2024 SEAK'NCT MARINE AND OFFSHORE PVT. LTD.

)...PLAINTIFF V/s.

AMBAR IMO 9548770 AND OTHERS )...DEFENDANTS Mr.Ramprakash Pandey, Advocate for the Plaintiff. Ms.Isha Sawant i/by Mr.Ashwin Shanker, Advocate for the Defendant no.3.

CORAM

:

ABHAY AHUJA, J.

DATE :

19th JANUARY 2026 P.C. :

1.

This matter has been circulated and listed on the production board today seeking release of the arrested Defendant Vessels. 2.

Ms.Isha Sawant, learned Counsel, appears for the Defendants no.3 and hands over a demand draft dated 19th January 2026 for amount of Rs.10,87,210/- drawn on HDFC bank towards the total claim amount to the learned Counsel for the Plaintiff, which the learned Counsel for the Plaintiff accepts the same. ARTI VILAS KHATATE by ARTI VILAS KHATATE Date:

2026.01.19 19:32:19 +0530 avk 1/4

3.

Mr.Ramprakash Pandey, learned Counsel for the Plaintiff submits that since the demand draft dated 19th January 2026 for amount of Rs.10,87,210/- drawn on HDFC bank has been received, he has instructions to withdraw the Suit and seeks leave to do so. 4.

Ms.Sawant submits that since the matter is settled, the two vessels viz. Ambar (IMO 9548770) and Safeen Avatar (IMO 9505716) arrested by order dated 22nd August 2024 be released and set free. 5.

The Court Associate has also tendered across the bar a certification dated 19th January 2026 by the Section Officer of the Execution Department of the Prothonotary & Senior Master of this Court as on today at 4.50 pm and there are no caveats against the release of the Vessels.

6.

Having heard the learned Counsel and having considered the aforesaid submissions, the order of arrest dated 22nd August 2024 is vacated and the Defendant Vessels, viz. Ambar (IMO 9548770) and Safeen Avatar (IMO 9505716) are allowed to sail, subject to other arrests or caveats and directs the Sheriff to take necessary steps for release of the Defendant Vessels.

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7.

The Sheriff's poundage for release and any other costs associated with the release shall be borne by the Defendant no.3. 8.

In view of the urgency, the formal instrument of release is dispensed with.

9.

The Plaintiff has sought leave to withdraw the Commercial Admiralty Suit No.35 of 2024. Leave is granted. Commercial Admiralty Suit No. 35 of 2024 is allowed to be withdrawn and is disposed as such.

10.

Refund of Court fees as per Rules. For the purpose of Section 43 of the Maharashtra Court Fees Act, 1959 and the proviso to that Section, today's date is the date for making a claim for repayment. The Prothonotary & Senior Master will issue a certificate for refund of court fees computed according to the Rules and act on production of an authenticated copy of this order without requiring a separate application.

11.

The Plaintiff to serve this order by email/post/courier/handdelivery upon the Sheriff, Masters of the Vessels and to the Ship owner and upon the Port and Customs and all concerned at its own costs. avk 3/4

12.

All concerned including Sheriff of Mumbai, Port and Custom authorities and the other authorities to act on copy of this order duly authenticated by the Associate of this Court. (ABHAY AHUJA, J.) avk 4/4