Andhra Pradesh High Court

COMS/6/2026 of PT INDOFUELS LIMITED, Vs M.V. HOANG ANH 10 (IMO 9331751) on 22 March 2026

Cites 0, Cited by 0

HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE T.C.D. SEKHARP COMMERCIAL SUIT NO: 6/2026 Between: 1.PT INDOFUELS LIMITED,, HAVING ITS OFFICE AT 18/F KINGSFIELD

APHC010139912026

IN THE HIGH COURT OF ANDHRA

PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

MONDAY,THE TWENTY THIRD DAY OF MARCH

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE T.C.D. SEKHARP

COMMERCIAL SUIT NO: 6/2026

Between:

1.PT INDOFUELS LIMITED,, HAVING ITS OFFICE AT 18/F

KINGSFIELD CENTRE,

UNIT 03, 18 SHELL STREET,

NORTH

POINT,

HONG

KONG,

REPRESENTED

THROUGH ITS AUTHORISED REPRESENTATIVE

MR.

MADALA SRINIVAS.

...PETITIONER

AND

1.M V HOANG ANH 10 IMO 9331751, A MOTOR VESSEL

FLYING THE FLAG OF TUVALU ALONG WITH HER

HULL,

TACKLE,

BOATS,

EQUIPMENT,

APPURTENANCES,

MACHINERY

AND

ALL

OTHER

PARAPHERNALIA, AND HER OWNER AND ALL OTHER

PERSONS

CONCERNED

AND/

OR

INTERESTED

IN

HER, PRESENTLY IN THE PORT AND ANCHORAGE OF

KAKINADA, WITHIN THE TERRITORIAL WATERS OVER

WHICH

THIS

HONBLE

COURT

EXERCISES

JURISDICTION.

2.THE PORT OFFICER, KAKINADA PORT AND HARBOUR

AND THE KAKINADA SEAPORTS, HAVING ITS OFFICE

AT PORT AREA, KAKINADA - 533001.

...RESPONDENT(S):

may

be pleased to

a. For a decree in its favour and

against the Defendant No.1 Vessel, M.V. HOANG ANH 10 (IMO

9331751), for a sum of US

914,767.49 and further

interest on

the principal amount of US dolar

752,310.87 @ 2percent

per

month from the

date of filing of this suit till payment and / or realization.

b. That the Defendant No.1 Vessel, M.V. HOANG

ANH 10 (IMO 9331751) is a motor vessel flying the flag of Tuvalu along with her hull, tackle, boats, machinery, equipment, appurtenances and all other paraphernalia, presently at the port and harbour of Kakinada, within the territorial waters over which this Hon ble Court exercises jurisdiction be ordered to be arrested under a warrant of arrest issued by this Hon ble Court

c. That the Defendant No.1 Vessel, M.V. HOANG ANH 10 (IMO

9331751), a motor vessel flying the flag of Tuvalu along with her hull, tackle, boats, machinery, equipment, appurtenances and all other paraphernalia, presently at the port and harbour of Kakinada, within the territorial waters over which this Hon ble Court exercises jurisdiction be detained, condemned and sold under orders and directions of this Hon ble Court and the sale proceeds thereof be applied towards the satisfaction of the Plaintiffs claim in the suit

d. That pending the hearing and final

disposal of the suit, the Defendant No.1

Vessel, M.V. HOANG

ANH 10 (IMO 9331751), a motor vessel flying the flag of Tuvalu along with her hull, tackle, boats, machinery, appurtenances and all other paraphernalia, presently at the port and harbour of Kakinada, within the territorial waters over which this Hon ble Court exercises jurisdiction be arrested and detained under the orders of this Hon ble Court and/or be restrained by an order of injunction of this Hon ble Court from sailing out of the port and harbour of Kakinada, Andhra Pradesh and/or moving out of the waters over which this Hon ble Court exercises admiralty jurisdiction

e. That pending the hearing and final disposal of the suit, the Defendant-Vessel, M.V.

HOANG

ANH

(IMO

9331751), a motor vessel flying the flag of Tuvalu along with her hull, tackle, boats, equipment, appurtenances, machinery and all other paraphernalia, presently at the port

and

harbour

of

Kakinada, within

the territorial waters over which this Hon ble Court exercises jurisdiction be appraised by any suitable marine surveyors according to true value thereof and upon such value certified in writing by the said surveyors, the Defendant No.1

Vessel be sold by public auction free and clear from all existing claims, liens, and/or any encumbrances for the highest price that can be obtained

f. For costs of the suit

For such

IA NO: 1 OF 2026

Petition under Section 151 CPC

praying that in the

circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to permit me i.e., Mr. Madala Srinivas to represent the Petitioner vide resolution dated 14.08.2026 in the present proceedings and to pass such IA NO: 2 OF 2026

Petition under Section 151 CPC

praying that in the

circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased For the reasons stated hereinabove, it is therefore prayed that pending hearing and disposal of the suit, the Defendant No.1 Vessel, M.V. HOANG

ANH 10 (IMO 9331751) a motor vessel flying the flag of Tuvalu along with her hull, tackle, boats, machinery, appurtenances and all other paraphernalia, presently at the port and harbour of Kakinada, be arrested and detained under the orders of this Hon’ble Court and/or be restrained from sailing out of the port and harbour of Kakinada Port, till security towards the Plaintiffs claim of US$ 914,697.48 (United States Dollars Nine Hundred and Fourteen Thousand Six Hundred Ninety Seven, and Forty Eight Cents Only) in the suit/other appropriate proceeding is furnished and pass such IA NO: 3 OF 2026

Petition under Section 151 CPC

praying that in the

circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to permit the Plaintiff to withdraw the present suit in in C.O.M.S. No. 06 of 2026 and consequently vacate the order dated 13th March 2026 and permit the Defendant No.1 vessel to sail from Kakinada Port and pass IA NO: 4 OF 2026

Petition under Section 151 CPC

praying that in the

circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Registry to refund the court fees of Rs. 4,25,174 (Four Lakhs Twenty-Five thousand one hundred and Seventy- four) to the Plaintiff's nominated bank account details of which are set out below - Bank : State Bank of India Account Holder Narasimhulu Sakibanda Account No 20346782938

Branch Andhra Pradesh

High Court Branch IFSC Code SBIN0061328 within in period of 4 weeks and pass Counsel for the Petitioner:

1.SAI SANJAY SURANENI

Counsel for the Respondent(S):

1.

The Court made the following:

HON’BLE SRI JUSTICE T.C.D. SEKHAR

COMMERCIAL SUIT No.6 OF 2026

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

ORDER:-

1. In view of order passed in I.A.No.3 of 2026, the present Commercial Suit is dismissed as withdrawn and consequently the order dated 13.03.2026 passed in I.A.No.2 of 2026 is hereby vacated.

2. Pursuant to order passed in I.A.No.4 of 2026, the Registry is directed to refund the Court fee of Rs.4,25,174/- deposited by the plaintiff along with plaint, within a period of four

(04) weeks from today. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. ______________________ JUSTICE T.C.D. SEKHAR 23.03.2026 Note: Issue CC today. B/o. DR

THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR COMMERCIAL SUIT No.6 of 2026 Date 23.03.2026 U DR

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead