SUIT NO. 3 of 2025 In ALPHARD MARITIME LTD. THROUGH AUTHORISED SIGNATORY v. OCEAN OPAL (IMO 9626493) & Ors.
Case at a glance
Outcome
Allowed
The present Suit is allowed
Provisions considered
Key paragraphs
- Para 44. In view of the above, following order has been passed: a. The present Suit is allowed. b. The original Resolution Agreement dated 5th February 2026 is taken on record. c. The suit is decreed in terms of the Resolution Agreement dated 5th February 2026…
Judgment
========================================================== Appearance: MR. KEYUR GANDHI, NISARG DESAI, PRAVALIKHA BATTHINI, LD ADVOCATES on behalf of GANDHI LAW ASSOCIATES(12275) for the Defendant(s) No. 1,2,3,4 MR. PARTH SALUJA on behalf of MR JEET B KARIA(11991) for the Defendant(s) No. 5 MR. ROHAN LAVKUMAR,MR ADITYA DAVE, MR NISARG TRIVEDI, LD ADVOCATES on behalf of NANAVATI ASSOCIATES(1375) for the Plaintiff(s) No. 1 ========================================================== C/AS/3/2025 ORDER DATED: 17/02/2026 CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA Date : 17/02/2026 ORAL ORDER
The Plainti(cid:13) has (cid:15)led the present application along with the original Resolution Agreement dated 5th February 2026 seeking the following reliefs in relation to the present Suit: A. This Hon’ble Court be pleased to take the Resolution Agreement dated 5th February 2026 [Annexure ‘A’] on record and pass a Consent Decree in the present Suit in terms of the Resolution Agreement dated 5th February 2026. B. This Hon’ble Court further be pleased to dispose of the following OJCAs referred to in para 8 of the present A+idavit as infructuous: a. OJCA NO. 1 of 2025 .led by Plainti+ for the sale of the Defendant No. 5. b. OJCA NO. 2 of 2025 .led by Underwater Services Company Ltd. for vacating the Order of Arrest dated 11th March 2025 c. OJCA NO. 6 of 2025 .led by Saraswat Co- operative Bank Ltd. seeking intervention in the present Suit. d. OJCA NO. 8 of 2025 .led by Defendant No. 1, 3 and 4 seeking Condonation of Delay in .ling in their Written Statement. e. OJCA NO. 9 of 2025 .led by Defendant Nos. 1 to 4 under Order VII Rule 11(a) of the Code of Civil Procedure, 1908. f. OJCA NO. 11 of 2025 .led by Defendant No. 5 under Order VII Rule 11(a) of the Code of Civil Procedure, 1908. C/AS/3/2025 ORDER DATED: 17/02/2026 g. OJCA NO. 12 of 2025 .led by Defendant No. 5 for vacating Arrest of the Defendant No. 5 h. OJCA NO. 4314 of 2025 .led by Defendant No. 5 seeking Condonation of Delay in .ling in its Written Statement. D. This Hon’ble Court be pleased to issue necessary directions to the Deendayal Port Authority for vacating the arrest of Defendant No. 5 vessel, namely Swissco Pearl (IMO: 9704257). Any other and further relief this Hon’ble Court E. deems .t in the interest of justice and equity.’
Heard Learned Advocates for the respective parties and perused the original Resolution Agreement dated 5 th February
2026. The Learned Advocates jointly submit that disputes between the parties are now settled in terms of the Resolution Agreement. Resultantly, the Plainti(cid:13) prays that a Consent Decree be passed in the present suit in terms of the Resolution Agreement dated 5th February 2026 [Annexure A at pg. 8 of the Civil Application]. The Advocates for the Defendants also join in that request.
The Resolution Agreement dated 5th February 2026 (cid:15)nally settles all disputes arising out of the present Suit. The said Agreement is in writing and duly signed by the parties. C/AS/3/2025 ORDER DATED: 17/02/2026
Operative part
In view of the above, following order has been passed: a. The present Suit is allowed. b. The original Resolution Agreement dated 5th February 2026 is taken on record. c. The suit is decreed in terms of the Resolution Agreement dated 5th February 2026 [Annexure A to the present Application]. d. Decree to be drawn up accordingly. e. The undertaking dated 12th March 2025 and 17th March 2025 of the owners of the Defendant Nos. 1-4 vessels, and the Order of Arrest of Defendant No. 5 Vessel (Swissco Pearl, IMO: 9704257) dated 11th March 2025 are vacated. f. All concerned authorities, including the Deendayal Port Authority (in respect of Defendant No.5), to act on an authenticated copy of the present Order. g. In view of the above, all civil applications pending in the present suit are disposed of accordingly. h. No order as to costs. i. Direct service today is permitted. NIHAL PATEL Original copy of this order has been signed by the Hon'ble Judge.
(NIRAL R. MEHTA,J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The present Suit is allowed
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908.
Which court decided this case, and when?
Gujarat High Court, on 17 Feb 2026. The bench was NIRAL R MEHTA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.