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2026 Supreme(Guj) 73

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIRAL R.MEHTA
Five Element Industry Limited – Appellant
Versus
MV Honcho (IMO 9602978) – Respondent


Advocates Appeared:
For the Plaintiff : IG Joshi

ORDER :

Niral R. Mehta, J.

1. Heard Learned Advocate Mr. Ishan Joshi for the Plaintiff.

2. Learned Advocate Mr. Ishan Joshi for the Plaintiff has placed reliance on the averments made in the plaint and submitted that the Plaintiff had entered into a Tripartite Agreement dated 14.10.2025 with one Eastmed Ship Holdings Inc., which was the Second Disponent Owner of the Defendant Vessel and with AUM Commodities FZCO, which was the Charterer and Cargo Owner, for the shipment of the Steam Coal in Bulk from Puerto Bolivar Port, Colombia to Fujairah Port, United Arab Emirates.

3. Learned Advocate Ms. Joshi further submitted that under the Tripartite Agreement, the Plaintiff had agreed to finance the freight charges amounting to USD 2 Million per vessel for three vessels namely, MV Honcho, MV Kuai Bang Hai 18 and MV Capricon Honour. As per Clause 3 of the Tripartite Agreement, the aforesaid amount was to be repaid to the Plaintiff within 90 days period in five equal installments along with interest as specified in the said clause. The payment was to be made directly to the Plaintiff by the Disponent Owner – Eastmed Ship Holdings Inc. in accordance with Clause 4 of the Tripartite Agreement. 4. L

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