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Judgment
V. Sujatha, J
I.A.No.3 of 2026 is filed to permit the petitioner/plaintiff to withdraw C.O.M.S.No.1 of 2026 and consequently, to vacate the arrest order dated 15.01.2026 passed in I.A.No.1 of 2026 and also to permit respondent No.1/defendant No.1 - Vessel to sail from Visakhapatnam Port.
I.A.No.4 of 2026 is filed by the petitioner/plaintiff seeking for a direction to the Registry to refund the Court fees of Rs.2,01,267/- (Rupees Two Lakh One Thousand Two Hundred and Sixty Seven Only) to the petitioner’s/plaintiff’s nominated bank account.
Heard Sri. D. Prudhvi Teja, learned counsel representing Sri. Sai Sanjay Suraneni, learned counsel for the petitioner/plaintiff.
In the affidavit filed in support of I.A.No.3 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 440,121.55 has been paid to the petitioner/plaintiff on 16.01.2026. Thus, the petitioner/plaintiff seeks permission of this Court to withdraw the present suit i.e. C.O.M.S.No.1 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.1 of 2026.
In view of the same, I.A.No.3 of 2026 is allowed. Accordingly, the Commercial Suit No.01 of 2026 is dismissed as withdrawn. There shall be no order as to costs.
Since the suit is dismissed as withdrawn, the order dated 15.01.2026 passed by this Court in I.A.No.1 of 2026 becomes infructuous and orders thereon are vacated.
In view of the withdrawal of the suit, the petitioner/plaintiff is entitled for refund of the Court fee of Rs.2,01,267/- (Rupees Two Lakh One Thousand Two Hundred and Sixty Seven Only) which is said to be deposited by the petitioner/plaintiff along with the plaint, in terms of the decisions of this Court in Polyprint Private Limited Vs. Canara Bank 1997(4)ALD281, M. Dasarath Vs. K. Omprakash 1994(1)ALT (NRC) 1 and P & H Vaswani (P) Limited., Vs. G.S. Murthy 1969(1)APLJ 113 (SN).
Accordingly, I.A.No.04 of 2026 is allowed and the Registry is directed to refund the Court fee of Rs.2,01,267/- (Rupees Two Lakh One Thousand Two Hundred and Sixty Seven Only) deposited by the petitioner/plaintiff along with the plaint, within a period of four (04) weeks from today.