Bombay High Court
The Board Of Trustees Of The Port Of ... vs M V Sulawesi - Ii And Others on 4 January, 2022
Author: A. K. Menon
Bench: A. K. Menon
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ADMIRALTY AND VICE ADMIRALTY JURISDICTION
COMMERCIAL ADMIRALTY SUIT NO.96 OF 2015
The Board of Trustees of ... Plaintiff
the Port of Mumbai
vs.
M.V.Sulawesi - II and Ors. ... Defendants
Mr. Ajai Fernandes a/w. Mr. Deepak Motiwalla and Ms. Sneha Pandey i/b.
M/s Motiwalla & Co. for the Plaintiff.
None for the Defendant.
CORAM : A. K. MENON, J.
DATED : 4th JANUARY, 2022 P.C.
1. Affidavit in lieu of evidence and Certificate under Section 65 B of PW-1 Captain Sandesh Kumar is taken on record and marked Exhibit P-1/1 and Exhibit P-1/2 respectively. Affidavit in lieu of evidence of PW-2 Mr. R. R. Walinjkar and PW-3 Mr. Vinay Kumar Yadav is also taken on record and marked Exhibit P-2 and Exhibit P-3 respectively. The documents are marked as per table below :
Sr. No. Particulars Exhibit Documents of the Plaintiff Witness -1 Capt. Sandesh Kumar 1 Computerized copy of Integrated Port Operation System P-4 (IPOS) form (certified as true copy) 2 Copy of the Certificate of Nationality (in Indonesian P-5 Language along with its English Version) of the 1st Defendant vessel dated 6th April, 1998 1/4 39-COMAS-96-2015.odt rrpillai 3 Office copy of Notice under Form I issued by the P-6 Plaintiffs to the 1st Defendant dated 2nd August, 2013 4 Office copy of Notice under Form II issued by the P-7 Plaintiffs to the 1st Defendant dated 19th November, 2013 5 Certified copy of the Chamber summons bearing No. P-8 654 of 2013 in Adm. Suit No. 45 of 2014 along with the certified copy of Affidavit in Support and Certified copy of the Additional Affidavit dated 2 nd December, 2013 in support of the Chamber Summons dated 7 th August, 2013 6 Certified copy of the Minutes of the Order passed in P-9 th Admiralty Suit No. 45 of 2014 dated 13 December, 2013 7 Certified copy of the Order passed by this Hon'ble Court P-10 in Admiralty Suit No. 45 of 2014 dated 9 th January, 2014 8 Certified copy of the Order passed by this Hon'ble Court P-11 in Chamber Summons No. 654 of 2013 in Admiralty Suit No. 45 of 2014 dated 2nd April, 2014 9 Certified copy of the order passed by this Hon'ble court P-12 nd in Admiralty Suit No. 35 of 2014 dated 2 May, 2014 10 Certified copy of the order passed by this Hon'ble Court P-13 in Chamber Summons No. 654 of 2013 in Admiralty Suit No. 45 of 2014 dated 31st October, 2014. 11 Office copy of letter addressed to the Master of the 1 st P-14 Defendant vessel dated 18th November, 2014 12 Office copy of letter addressed to the Master of the 1 st P-15 th Defendant vessel dated 27 November, 2014. 13 Original letter from the Master of the 1 st Defendant P-16 rd vessel addressed to the Plaintiffs dated 3 December, 2014 2/4 39-COMAS-96-2015.odt rrpillai 14 Office copy of letter addressed to the Master of the 1 st P-17 Defendant vessel dated 6th December, 2014 15 Original letter from the Master of the 1 st Defendant P-18 vessel addressed to the Plaintiffs dated 10 th December, 2014 Documents of the Plaintiff Witness -2 Mr. R. R. Walinjkar 16 Office copy of Invoice bearing No. DN-4929 issued by P-19 the Marine Department for Rs.12,20,661/- dated 19th October, 2011 17 Office copy of Invoice bearing No. DN-4838 issued by P-20 the Marine Department for Rs. 18,81,897/- dated 19th October, 2011 18 Office copy of Invoice bearing No. DN-4837 issued by P-21 the Marine Department for Rs.16,64,929/- dated 19th October, 2011 19 Office copy of Invoice bearing No. DN-4963 issued by P-22 the Marine Department for Rs.14,95,902/- dated 15th November, 2011.
20 Office copy of Invoice bearing No. 5210 issued by the P-23 Marine Department for Rs.7,57,920/- dated 16th July, 2013 21 Copy of relevant pages of the Scale of Rates (SOR) in P-24 respect of Port Dues, Pilotage dues and Section 1.2, General Terms and conditions, Clause (v)(a) in respect of Interest charges effective from 2006 22 Office copy of Invoice bearing No. 7431 issued by the P-25 Marine Department for Rs. 2,27,547/- dated th 16 July, 2013 23 Office copy of Invoice bearing no. 5353 issued by the P-26 Marine Department for Rs.41,67,477/- dated th 20 November, 2013 3/4 39-COMAS-96-2015.odt rrpillai 24 Office copy of Invoice bearing No. DN-6047 issued by P-27 the Marine Department for Rs.37,853/- dated 16 th December, 2013 25 Office copy of Invoice bearing No. DN-4722 issued by P-28 the Marine Department for Rs.2,03,048/- dated 25 th November, 2014.
26 Office copy of Invoice bearing No. DN-4907 issued by P-29 th the Marine Department for Rs.21,589/- dated 29 November, 2014.
27 Copy of relevant pages of the Scale of Rates (SOR) in P-30 respect of Port Dues, Pilotage dues and Anchorage charges and Section 1.2, General Terms and Conditions, Clause (v)(a) in respect of Interest charges with effect from 22nd December, 2011.
Documents of the Plaintiff Witness -3 Mr. Vinay Kumar Yadav 28 Office copy of Bill bearing No. DKV 0907441/1B issued P-31 by the Traffic/Docks Department for Rs.19,212/- dated 4th February, 2011 29 Certified copy of relevant pages of the Scale of Rates P-32 (SOR) in respect of Berth Hire Charges effective from 2006
2. Liberty to apply after PW-4 Mr. Kapil Bakshi files his affidavit in lieu of examination in chief.
(A. K. MENON, J.) 4/4 39-COMAS-96-2015.odt rrpillai