Tresta International Fze v. Mv Shree Varsha Imo No 9644897

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION COMMERCIAL ADMIRALTY SUIT NO. 49 OF 2025 Tresta International FZE ...Plaintiff

Versus

MV Shree Varsha IMO 9644897 ...Defendant WITH JUDGE'S ORDER (L) NO. 39484 OF 2025 Ms. Isha Sawant i/b Mr. Ashwin Shanker for the Plaintiff. Mrs. Apurva Mehta (Pohonekar) with Ms. Pracchi K. Gharat i/b ANB Legal for the Defendant.

Ms. Tripti Sharma i/b Bose & Mitra & Co. for the Caveator.

CORAM

:

ABHAY AHUJA, J.

DATE :

8th MAY, 2026 P.C. :

1.

This matter has been circulated and listed on the production board today seeking withdrawal of the Suit and consequent release of the arrested Defendant-Vessel viz. MV Shree Varsha (IMO 9644897) (the "Defendant-Vessel").

2.

Ms. Sawant, learned Counsel appears for the Plaintiff and submits that the matter has been settled and therefore, the Plaintiff is desirous of withdrawing the Suit and seeks leave to do so. 3.

Ms. Mehta, learned Counsel appearing for the Defendant-Vessel agrees with the submissions made by Ms. Sawant, learned Counsel for the Plaintiff.

Nikita Gadgil 1/3

4.

The learned Court Associate has placed before this Court a certification dated 8th May, 2026 by the Section Officer of this Court as on today at 1.25 p.m., which suggests that the caveat No. 361 of 2026 has been filed against the release of the Defendant-Vessel. 5.

Ms. Sharma, learned Counsel appearing for the Caveator submits that since the Caveator has received monies, the said Caveat be permitted to be withdrawn.

6.

The Caveat No. 361 of 2026 is accordingly allowed to be withdrawn and disposed of as such.

7.

Having heard the learned Counsel and having considered their submissions, the order of arrest dated 5th December, 2025 stands vacated and the Defendant-Vessel is released and allowed to sail, subject to other arrests or caveats.

8.

The Sheriff of Mumbai to take necessary steps for the release of the Defendant-Vessel.

9.

The Sheriff's poundage for release and other costs associated with the release shall be borne by the Plaintiff. 10.

The formal instrument of release is dispensed with. Nikita Gadgil 2/3

11.

Accordingly, the Commercial Admiralty Suit No. 49 of 2025 is allowed to be withdrawn and disposed as such. 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.

12.

The Judge's Order (L) No. 39484 of 2025 to accordingly stand disposed.

13.

The Plaintiff to serve this order by email/post/courier/hand delivery upon the Sheriff, Master of the Defendant-Vessel and to the Ship owner and upon all the Port and Customs authorities at its own costs.

14.

All concerned including Sheriff of Mumbai, port and customs authorities and the other authorities to act on a copy of this order duly authenticated by the learned Associate of this Court. (ABHAY AHUJA, J.) Digitally signed by NIKITA YOGESH GADGIL Date:

2026.05.08 17:12:45 +0530 NIKITA YOGESH GADGIL Nikita Gadgil 3/3