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Gujarat HC Releases Arrested Vessel After P&I Undertaking, Orders Port Clearance

Case Law Details

Case Name
Indian Synthetic Rubber Private Limited Vs MT Prabhu Parvati (IMO-9423621) & Ors. (Gujarat High Court)
Date of Judgement/Order
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Indian Synthetic Rubber Private Limited Vs MT Prabhu Parvati (IMO-9423621) & Ors. (Gujarat High Court)

The Gujarat High Court considered an Admiralty Suit concerning the arrest of Defendant No. 1 vessel, MT Prabhu Parvati (IMO: 9423621). The plaintiff submitted a Purshis dated 30.07.2026 stating that it did not wish to proceed with the suit following developments after the arrest, including issuance of a signed Letter of Undertaking by M/s North Standard, Owner P&I and confirmation that the Owners P&I would arrange discharge/disposal without cost or recourse to the plaintiff.

As none of the defendants had appeared, the Court disposed of the suit as unconditionally withdrawn. It modified the earlier order dated 25.07.2026 directing arrest of the vessel and ordered the vessel to be released from arrest.

The Court further directed the Port and Customs Authorities at Deendayal Port, Kandla, to issue all necessary NOCs and Port Clearance based on the statutory certificates available on board, including the insurance certificate, and to grant departure permission based on the existing certificates and documents. All disputes relating to the vessel raised in the suit were recorded as settled.

The Registry was directed to communicate the order to the Port and Customs Authorities by email, and the plaintiff’s advocate was also permitted to communicate the order. The authorities were directed to act on the emailed order and permit the vessel to sail. Permissible court fees were also directed to be refunded to the plaintiff.

FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH COURT

1. The present Admiralty Suit has been listed urgently, at the request of learned Advocate Mr. Munjaal Bhatt for the plaintiff.

2. Mr. Munjaal Bhatt, learned advocate for the Plaintiff has tendered a Purshis dated 30.07.2026 stating inter alia that the Plaintiff does not wish to proceed further with the suit owing to developments that have taken place after the date of arrest including issuance of signed LOU provided by M/s North Standard, Owner P&I as well as Email confirmation that Owners P&I shall organize discharge / disposal etc. without any cost / recourse to the Plaintiff. The said Purshis is taken on record and shall form part of this Order.

3. Considering that none of the Defendants have put in appearance till date, this Court passes the following order:

a. The captioned Suit is disposed of as withdrawn unconditionally.

b. The order dated 25.07.2026 ordering arrest of Defendant No. 1 Vessel is hereby modified and the Defendant No. 1 Vessel bearing IMO: 9423621 is ordered to be free from arrest.

c. The Port and Customs Authorities at Deendayal Port, Kandla shall issue all NOC and Port Clearance (PC) based on the statutory certificate available on board, including the insurance certificate and grant all departure permission on the basis of the existing certificates and documents available on board.

d.  All the disputes related to the Defendant No. 1 Vessel raised in the captioned Admiralty Suit are settled.

e. The Registry is directed to send this order to Port and Customs at Deendayal Port through Email at following addresses and the Authorities at Deendayal Port shall act on Email copy of the order:

i. [email protected]

ii. [email protected]

iii. [email protected]

iv. [email protected]

v. [email protected]

vi. [email protected]

vii. [email protected]

viii. [email protected]

ix. [email protected]

x. [email protected]

xi. [email protected]

xii. [email protected]

f. The Registry is directed to refund the permissible court fees in favour of the Plaintiff.

4. It is also open for the learned advocate appearing for the Plaintiff to communicate the above order by Email and the Port and Customs Authorities at Deendayal Port, Kandla shall act on Email copy of the order and permit the Defendant Vessel, MT Prabhu Parvati (IMO: 9423621) to sail with respect to the captioned suit.

Direct service TODAY is permitted.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 18,163

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