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NEUTRAL CITATION

C/AS/31/2026 ORDER DATED: 06/04/2026

0.09181596956284444

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/ADMIRALTY SUIT NO. 31 of 2026

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OCEANIC TRADE MINERALS PRIVATE LIMITED Versus

MV VISHVA VIJETA (IMO 9621699) & ANR.

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Appearance:

MS PAURAMI B. SHETH(841) for the Plaintiff(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA

Date : 06/04/2026

ORAL ORDER

1. Learned Advocate Ms.Paurami Sheth for the Plaintiff has mentioned this matter for urgent circulation for today as the Defendant No.1 Vessel is likely to complete her cargo operations and then sail out of jurisdiction of this Court immediately by late evening. The permission was granted and the present Suit is

taken up for passing urgent orders.

2. Learned Advocate for the Plaintiff has submitted that vide Sale Purchase Contract dated 25^th February, 2026 the Plaintiff purchased 56,650 (+/-10%) metric tons of natural gypsum at an agreed price of AED 88.08 per metric ton on CFR basis from Golden King

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NEUTRAL CITATION

C/AS/31/2026 ORDER DATED: 06/04/2026

0.09181596956284444

Trading, that the said cargo was loaded on board the Vessel MV Vishwa Nidhi which is owned by Defendant No.2, that Defendant No.1 is also owned by Defendant No.2 and thus Defendant No.1 and the Vessel are sister vessels being under the same ownership of Defendant No.2, that the Vessel Vishwa Nidhi through her Master issued Bills of Lading dated 20^th March, 2026 through her agent indicating the Plaintiff as Consignee and Golden King Trading as Shipper, that Golden King Trading arrange to forward the said Bill of Ladings and issued four commercial invoices dated 20^th March, 2026 aggregating AED

4,989,732.00 upon the Plaintiff.

3. Learned Advocate for the Plaintiff has submitted that the Plaintiff is the lawful consignee and owner of the cargo of natural gypsum carried on board the Vessel Vishwa Nidhi and entitled for delivery on presentation of Bill of Lading upon arrival of the Vessel Vishwa Nidhi at Dhamra port on or about 02^nd April, 2026 for discharge of the Cargo but the said Vessel and her Owner, the Defendant No.2 jointly refused to discharge the Cargo, that as learnt by the Plaintiff such refusal might be on account of alleged

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NEUTRAL CITATION

C/AS/31/2026 ORDER DATED: 06/04/2026

0.09181596956284444

inter se disputes between Defendant No.2 Owners and certain Charterers, which are entirely extraneous to the Plaintiff nor the Plaintiff is concerned with the same and hence cannot affect the Plaintiff’s right to receive delivery of the said Cargo boarded on the Vessel Vishwa Nidhi, that thus the said Vessel and Defendant No.2, her Owners have wrongfully refused to discharge and deliver the said cargo despite presentation of the original

Bills of Lading .

4. Learned Advocate for the Plaintiff further submitted that the Plaintiff has duly paid the entire purchase consideration aggregating AED 4,989,732.00 in respect of the said Cargo through multiple instalments between 27^th March, 2026 to 02^nd April, 2026 and has thereby become the lawful owner of the Cargo and entitled to delivery thereof, that on 02^nd April, 2026, the Plaintiff issued a demand notice calling upon the Vessel, Vishwa Nidhi, the sister vessel of the Defendant No.1 Vessel to immediately commence discharge against presentation of original Bills of Lading to which vide reply dated 02^nd April, 2026, Defendant No.2 Owners refused to discharge the Cargo until the inter se dispute between

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NEUTRAL CITATION

C/AS/31/2026 ORDER D