Salt Trading Corporation Limited Vs the Owners and Parties Interested in the Vessel Mv Magma Tenacity-(Imo No. 9967689) — Calcutta HC (2026) — LawSathi Research

Salt Trading Corporation Limited Vs the Owners and Parties Interested in the Vessel Mv Magma Tenacity-(Imo No. 9967689) — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Suit AS-COM/3/2026 dismissed for non-prosecution (subject to e-filing compliance by 25th March, 2026); order of arrest dated 20th March, 2026 of MV Magma Tenacity (IMO No.9967689) discharged/vacated and IA No. GA-COM/1/2026 disposed of; vessel permitted to leave territorial waters; Port, Customs, Coast Guard, CISF and Marine Police directed to cooperate in release and permit sailing subject to statutory formalities; plaintiff entitled to communicate the order to the Marshal and the authorities.

Issue for consideration

Whether the suit AS-COM/3/2026 should be dismissed, the disputes having been settled between the parties out of Court and the plaintiff being no longer interested to proceed +2 more

Court's answer

Subject to the plaintiff complying with the e-filing procedure by 25th March, 2026, the suit AS-COM 3 of 2026 stands dismissed for non-prosecution.

Ratio / Principle

The order of arrest dated 20th March, 2026 stands discharged and/or vacated and the connected application IA No. GA-COM 1 of 2026 stands disposed of.

Key takeaways

The vessel MV Magma Tenacity (IMO No.9967689) is free to leave the territorial waters of this Court unless there is any other legal impediment.ratio¶¶15
The plaintiff paid the court fees of Rs. 50,000/- on 23rd March, 2026 at 16:56:30 hours, as evidenced by the e-challan taken on record, prior to the last date fixed by the order dated 20th March, 2026.ratio¶¶11
The Port Authorities of Syama Prasad Mookerji Port, Haldia Dock Complex and Diamond Harbour Anchorage, Customs Authorities, administration at 24 Parganas (South), Coast Guard Authorities, CISF and Marine Police shall take necessary steps and cooperate for release of the vessel and permit it to sail, subject to compliance with other statutory formalities.

Detailed headnote1 paragraphs

Admiralty suit AS-COM/3/2026 (Salt Trading Corporation Limited v. Owners and Parties Interested in MV Magma Tenacity, IMO No.9967689) with arrest application IA No. GA-COM/1/2026. Disputes settled between the parties out of Court; plaintiff paid deficit court fees (assessed at Rs. 49,992/-) of Rs. 50,000/- on 23.03.2026 via e-challan prior to the last date. Held: suit dismissed for non-prosecution, subject to compliance with e-filing by 25.03.2026; order of arrest dated 20.03.2026 discharged/vacated; vessel free to leave territorial waters unless otherwise legally impeded; Port, Customs, Coast Guard, CISF and Marine Police directed to cooperate in release (Arindam Mukherjee, J., High Court at Calcutta, Commercial Division, Admiralty, 24.03.2026).

OCDSL-1

IN THE HIGH COURT AT CALCUTTA ADMIRALTY JURISDICTION (COMMERCIAL DIVISION) ORIGINAL SIDE

AS-COM/3/2026 IA No.GA-COM/1/2026

SALT TRADING CORPORATION LIMITED

VS

THE OWNERS AND PARTIES INTERESTED IN THE VESSEL MV MAGMA TENACITY – (IMO NO.9967689)

BEFORE

THE HON’BLE JUSTICE ARINDAM MUKHERJEE Date: 24^th March, 2026

Appearance: Mr. Krishnaraj Thaker, Sr. Adv. Ms. Sreenita Ghoshdastidar, Adv. Mr. Rohan Thakur, Adv. . ….for the plaintiff.

The Court : This admiralty suit along with the application for arrest has been brought in the supplementary list on having been mentioned that the disputes being the subject matter of the suit have been settled between the parties out of Court and the plaintiff is no more interested to proceed with the same.

Perused the report given by the Section Officer, Central Filing Section of this Court. It appears that the Stamp Reporter has assessed the deficit court fees as Rs.49,992/-. The court fees was payable as per the order dated 20^th March, 2026 within 24^th March, 2026. Learned Senior Advocate appearing on behalf of the plaintiff places before the Court an e-challan which is taken on record wherefrom it appears that the plaintiff has paid the court fees of Rs.50,000/- on 23^rd March, 2026 at 16:56:30 hours. The payment status is

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successful. Learned Senior Advocate submits that the order directing payment of the deficit court fees has been complied with prior to the last date.

It appears that on 20^th March, 2026 leave was granted to the plaintiff by dispensing with e-filing till 23^rd March, 2026 in view of the urgency cited. The plaintiff has, however, not complied with such direction. The plaintiff says that since the suit has been settled there is no reason for keeping the vessel MV Magma Tenacity (IMO No.9967689) under arrest in terms of the dated 20^th March, 2026. The order of arrest, therefore, according to the plaintiff is required to be vacated and/or discharged at the earliest.

In the aforesaid facts and circumstances, subject to the plaintiff complying with the e-filing procedure by 25^th March, 2026, the suit being AS-COM 3 of 2026 stands dismissed for non-prosecution. The order of arrest of the vessel MV Magma Tenacity (IMO No.9967689) which is unconditional till 25^th March, 2026 and thereafter till 31^st March, 2026 on the plaintiff providing the undertaking by 25^th March, 2026 stands discharged and/or vacated. The vessel MV Magma Tenacity (IMO No.9967689) is now free to leave the territorial waters of this Court unless there is any other legal impediment.

The connected application being IA No.GA-COM 1 of 2026 stands disposed of by vacating the order of arrest dated 20^th March, 2026 passed therein.

The Port Authorities of Syama Prasad Mookerji Port, Kolkata at Kolkata, Haldia Dock Complex and Diamond Harbour Anchorage, the Customs Authorities, the administration at 24 Parganas (South), the Coast Guard Authorities, Central Industrial Security Force (in short

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CISF) and the Marine Police shall take necessary steps and/or cooperate for the vessel MV Magma Tenacity (IMO No.9967689) being released from the arrest and permit the same to sail subject to compliance with any other statutory formalities.

The plaintiff will be entitled to communicate this order to the Marshall, Port Authorities of Syama Prasad Mookerji Port, Kolkata at Kolkata, Haldia Dock Complex and Diamond Harbour Anchorage, the Customs Authorities, the administration at 24 Parganas (South), the Coast Guard Authorities, Central Industrial Security Force (in short CISF) and the Marine Police for carrying out the instant order of release of the vessel MV Magma Tenacity (IMO No.9967689).

(ARINDAM MUKHERJEE, J.)

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