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Judgment
V. Sujatha, J
I.A.No.2 of 2026 is filed to permit the petitioner/plaintiff to withdraw C.O.M.S.No.5 of 2026 and consequently, to vacate the arrest order dated 06.03.2026 passed in I.A.No.1 of 2026 and also to permit respondent No.1/defendant No.1 - Vessel to sail from Visakhapatnam Port.
Heard Sri. V. Saketh Roy Vydyula, learned counsel for the petitioner/plaintiff.
In the affidavit filed in support of I.A.No.2 of 2026, it is stated that the petitioner/plaintiff and owners of respondent No.1/defendant No.1 – Vessel have amicably resolved the dispute and the entire suit claim amount of USD 15,703 has been paid to the petitioner/plaintiff on 09.03.2026. Thus, the petitioner/plaintiff seeks permission of this Court to withdraw the present suit i.e. C.O.M.S.No.5 of 2026. Since both the parties have amicably resolved the dispute, permission is hereby granted to the petitioner/plaintiff for withdrawal of C.O.M.S.No.5 of 2026.
In view of the same, I.A.No.2 of 2026 is allowed. Accordingly, the Commercial Suit No.05 of 2026 is dismissed as withdrawn. There shall be no order as to costs.
Since the suit is dismissed as withdrawn, the order dated 06.03.2026 passed by this Court in I.A.No.1 of 2026 becomes infructuous and orders thereon are vacated. It is needless to state that the respondent vessel is permitted to sail from Visakhapatnam port.