Citation : 2026 Latest Caselaw 833 Guj
Judgement Date : 27 February, 2026
NEUTRAL CITATION
C/MCA/368/2026 ORDER DATED: 27/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 368 of 2026
In R/ADMIRALTY SUIT/10/2025
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MT JAGUAR (IMO NO. 9293002)
Versus
WINZARD (HONGKONG) LIMITED
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Appearance:
MR SUKUMAR M TIRTHANI(12200) for the Applicant(s) No. 1
P M BUCH(7383) for the Opponent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 27/02/2026
ORAL ORDER
1. By way of this Misc. Civil Application, the application has approached this Court with the following reliefs:
a. Allow and admit the present Application and consequently revive the Admiralty Suit 10 of 2025 for the limited purpose of granting the reliefs prayed herein.
b. Direct the registry to provide to the Ld. Advocate of the Applicant a copy of the SWIFT generated by the bank for remittance of funds to the Applicant pursuant to the Hon'ble Court's order dated 09/09/2025 passed in MCA 01/2025 in Admiralty Suit 10/2025 and provide any other information and assistance required by the Ld. Advocate and the Applicant so as to trace the status of the remittance effected pursuant to the aforementioned order dated 09/09/2025.
c. Grant any such reliefs as deemed appropriate.
NEUTRAL CITATION
C/MCA/368/2026 ORDER DATED: 27/02/2026
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2. By way of Office Note dated 26.02.2026, it has been apprised that remittance could not be successfully completed by the Foreign Bank due to incorrect accounts details and/or compliance related issues.
3. For the sake of brevity, the letter dated 23.02.2026, is hereby reproduced:
To The Registrar (Inspection & Finance) Gujarat High Court Ahmedabad
Dear Sir,
Subject: Return of Remittance Due to Incorrect Account Details / Non-Compliance
With reference to the foreign remittance initiated in your favour, we regret to inform you that the remittance has been returned by the foreign bank due to incorrect account details and/or compliance-related issues.
Our bank made three attempts to process the transaction; however, each attempt has been returned by the foreign bank since September 2025. In view of the repeated returns and to avoid further delay, we are returning the funds through Demand Draft No. 602248 dated 18.02.2026 for Rs. 2,92,80,655/-.
The remaining amount was Rs. 2,84,71,516/- for remittance to "LTA Shipping FZCO." But after unsuccessful transactions, due to rate changes, we have received an amount of Rs.2,92,80,655/-. This is for information and taking necessary action at your end.
NEUTRAL CITATION
C/MCA/368/2026 ORDER DATED: 27/02/2026
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Kindly acknowledge receipt of the Demand Draft.
Thanking you,
Yours faithfully, Chief Manager State Bank of India
4. In view of the aforesaid, the applicant shall undertake appropriate compliance so as to enable the State Bank of India, to remit the amount in the account of the applicant. The said exercise shall be completed within a period of 10 days from the date of the receipt of this order. On such compliance being undertaken, the Registry shall do the needful in accordance with law.
5. The present Misc. Civil Application is disposed of accordingly.
(NIRAL R. MEHTA,J) NIHAL PATEL
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