Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 50B Major Port Trusts Act 1963 – ss.48-50 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Major Port Trusts Act, 1963 – ss.48-50 – Notification – Anchorage fees – Calculation of – Appellant purchased a Vessel in an auction conducted in a Commercial Admiralty Suit – Bill of Sale stated that the Vessel was sold free from all encumbrances however, the successful bidder would be liable to pay the costs, charges, fees and expenses involved in removing the Vessel – When the appellant was going to remove the Vessel, disputes arose inter alia w.r.t anchorage charges claimed by respondent no.1 – Application filed by appellant seeking directions to raise revised bills – Allowed by Single Bench – Order set aside by Division Bench – On appeal, held: As per notification issued by Tariff Authority for Major Port, the anchorage fees is calculated as per the formula depending on the period of stay of the Vessel at the harbour – Rates vary depending on the duration for which the Vessel remains at the anchorage – In the present case, more than 30 days had elapsed since the Vessel had been brought to the anchorage – At the time of sale, the Vessel was paying anchorage fees at the rate applicable when a vessel is docked for more than 30 days – Appellant purchased the Vessel on ‘as is, where is’ basis free from encumbrances, anchorage charges have been levied from the date of the sale – Rates were payable on the basis of the number of days for which the Vessel was docked – Division Bench rightly set aside the order of Single Bench – Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 – s.8. Major Port Trusts Act, 1963 – s.50-B – Appellant purchased a Vessel in an auction – Bill of Sale inter alia stated that the Vessel was sold free from all encumbrances – Disputes arose w.r.t anchorage charges claimed by Respondent No.1-Port Trust – It charged approx. Rs.15,00,000/- per day on the basis that the Vessel had been docked at the anchorage for more than 30 days which would be approx.Rs.5,00,000/- per day if the vessel were to be docked for less than 30 days – Plea of appellant that that anchorage charges fall within the ‘port dues’ u/s.50-B, port dues not having been defined in the Act, all charges payable within the premises of the Port fall within the broad expression ‘port dues’ – Held : Whether port dues within the meaning of s.50-B of the Major Port Trust Act include other charges leviable within the port premises i.e., charges other than Port Entry charges, is not in issue in this case – The issue was whether the rate would be approximately Rs.5,00,000/- per day or Rs.15,00,000/- per day |
Judge | Hon'ble Ms. Justice Indira Banerjee |
Neutral Citation | 2022 INSC 1002 |
Petitioner | M/s Nkd Maritime Limited |
Respondent | The Board Of Trustees Of The Port Of Mumbai & Ors. |
SCR | [2022] 7 S.C.R. 286 |
Judgement Date | 2022-09-22 |
Case Number | 6858 |
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