IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31^ST DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T ORIGINAL SIDE APPEAL NO. 4 OF 2025 BETWEEN:

ZURBAGAN SHIPPING LLC A COMPANY INCORPORATED UNDER THE LAWS OF UNITED ARAB EMIRATES (UAE)

WITH ITS REGISTERED OFFICE AT 1501.03 GALLERIA INVESTMENTS LLC, BUR DUBAI FIRST TRADE CENTER, UAE REPRESENTED BY ITS CONSTITUTED ATTORNEY DR. SHRIKANT PARESHNATH HATHI ...APPELLANT Digitally signed by VASANTHA KUMARY B K (BY SRI DHYAN CHINNAPPA, SENIOR COUNSEL A/W Location: MS. MYTHREYI BHAT, ADVOCATE FOR HIGH SRI ARJUN RAO, ADVOCATE)

COURT OF KARNATAKA AND:

1. C.S. FLOURISH (IMO NO.9438365)

A FOREIGN VESSEL FLYING THE FLAG OF PANAMA AND HER OWNER AND ALL OTHER PERSONS CONNECTED AND/OR INTERESTED IN HER A CHEMICAL/OIL TANKERFLYING TOGETHER WITH HER HULL, TACKLE, BOATS, MACHINERY, EQUIPMENT, APPURTENANCES, AND ALL OTHER PARAPHERNALIA PRESENTLY AT THE PORT AND HARBOR OF NEW MANGALORE, WITHIN THE TERRITORIAL WATERS OVER WHICH THIS HON'BLE COURT EXERCISES JURISDICTION

2. NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE-575 010 D.K. DISTRICT, KARNATAKA REPRESENTED BY ITS CHAIRMAN

3. CONTINENTAL DRY BULK LIMITED A COMPANY INCORPORATED UNDER THE LAWS OF MARSHALL ISLANDS WITH ITS OFFICE AT TRUST COMPANY COMPLEX AJELTAKE ROAD AJELTAKE ISLAND MAJURO MARSHALL ISLANDS MH 96960 …RESPONDENTS (BY SRI PRATHAMESH KAMAT, SMT. ANKITA SEN, ADVOCATES FOR SMT. DHANYA T. MALLAR, ADVOCATE FOR R-1)

THIS ORIGINAL SIDE APPEAL IS FILED UNDER SECTION

483 OF THE COMPANIES ACT, 1956 A/W SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 AND SECTION 14 OF THE ADMIRALTY (JURISDICTION AND SETTLEMENT OF MARITIME CLAIMS) ACT, 2017 PRAYING TO CALL FOR RECORDS OF CIVIL PETITION NO.282/2024 AND PASS AN ORDER TO SET ASIDE THE ORDER DATED 23.07.2025 PASSED BY THE LEARNED SINGLE JUDGE ON I.A. NO.1/2025 BY WHICH THE ORDER FOR VACATING OF THE ARREST OF THE SHIP WAS ALLOWED PRODUCED AT ANNEXURE-A.

THIS ORIGINAL SIDE APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 04.09.2025, COMING ON FOR PRONOUNCEMENT THIS DAY, D K SINGH J., PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE VENKATESH NAIK T

CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

Respondent No.1- Vessel¹ is a general cargo ship. The

registered ownership of the said Vessel vests in C.S. Flourish Limited (hereinafter referred to as the 'registered owner'). The petitioner/appellant instituted a petition under Section 5 read with Section 3 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (hereinafter referred to as 'the Admiralty Act') seeking for arrest of respondent No.1-Vessel (ship) as the security for satisfaction of the petitioner/appellant's claim pending in arbitration proceedings amounting to USD 1,615,290.26 and EUR 158,918.87 totalling approximately Rs.14,96,50,036/- as also the cost of USD 20,000 approximately Rs.16,75,000/- together with interest at the rate of 18% per annum and for other reliefs. Respondent No.3-Continental Dry Bulk Limited is the entity with which the petitioner/appellant has 1 "Vessel" includes any ship, boat, sailing vessel or other description of vessel used or constructed for use in navigation by water, whether it is propelled or not, and includes a barge, lighter or other floating vessel, a hovercraft, an off-shore industry mobile unit, a

vessel that has sunk or is stranded or abandoned and the remains of such a vessel.

entered into a Time Charter Party on 06.01.2023. As an interim prayer, the application-I.A.No.1/2024 was filed for arrest of respondent No.1-Vessel. The learned Single Judge, vide order dated 24.07.2024, ordered for arrest of respondent No.1-Vessel. 2. Respondent No.1 entered appearance and filed I.A.No.4/2024 seeking release of the Vessel in lieu of security of a sum of Rs.15,13,25,036/- being furnished to secure the petitioner/appellant's claim.

3. The learned Single Judge, vide order dated 05.08.2024, allowed I.A.