Bombay High Court
Morrison Marine Services S.A vs The Board Of Trustees Port Of Mumbai on 23 December, 2021
Author: B.P.Colabawalla
Bench: B.P.Colabawalla
501-ia(L)-29359-2021.doc
GANESH IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SUBHASH
LOKHANDE
ADMIRALTY AND VICE ADMIRALTY JURISDICTION
Digitally signed by
GANESH SUBHASH
LOKHANDE
Date: 2021.12.24
14:37:41 +0530 INTERIM APPLICATION (L) NO. 30553 OF 2021
IN
COMMERCIAL ADMIRALTY SUIT NO. 30552 OF 2021
Morrison Marine Services S. A. .. Applicant/
Org. Plaintiff
IN THE MATTER BETWEEN:
Morrison Marine Services S. A. .. Plaintiff
Vs.
The Board of Trustees, Port of Mumbai. .. Defendant
Shyam Kapadia a/w. Naishad Bhatia i/b. Crawford Bayley & Co. for the
Applicant/ Plaintiff.
Rahul P. Jain i/b. HSA advocates for the Defendant.
CORAM :- B.P.COLABAWALLA, J.
DATE :- 23rd DECEMBER, 2021.
P. C.:
1. The above Suit has been filed invoking the Admiralty Jurisdiction of this Court seeking a declaration that the Plaintiff (who is the registered owner of the Vessel/ Barge called "Support Station 3") [for short the "said Vessel/Barge"] is only liable to pay a sum of Rs.32,15,377.49/- to the Defendant - Mumbai Port Authority (for short "the Defendant-Port") towards pilotage charges, anchorage charges and other port dues for the period of 22 nd May, 2021 till 23rd December, Ganesh Lokhande 1/5 501-ia(L)-29359-2021.doc 2021. A prayer is also sought to restrain the Defendant-Port from taking any coercive action against the said Vessel/Barge. The above Interim Application is filed seeking to restrain the Defendant from taking any coercive action against the said Vessel/Barge under or pursuant to Form I issued by the Defendant - Port and received by the Plaintiff's agent on 10th December, 2021.
2. Mr. Kapadia, the learned counsel appearing on behalf of the Plaintiff submitted that the Plaintiff apprehends that because of the non payment of the dues of the Defendant-Port, the Defendant-Port may distrain/detain/arrest the said Vessel/Barge under Section 31 of the Major Port Authorities Act, 2021. Mr. Kapadia, submitted that the dues payable by the Plaintiff till 23rd December, 2021 Rs.32,15,377.49/-, in respect of which the Plaintiff has already paid Rs. 42,65,315/- and is therefore entitled to a refund. However, the Defendant- Port is demanding an amount of Rs.1,42,87,232/- (after giving credit for payments already made) which is on the basis of applying the wrong Scale of Rates of the Tariff Authority for Major Ports as per notification dated 3rd September, 2019 and which came into effect from 3 rd October, 2019 as well as the wrongful levy of certain other fees. According to Mr. Kapadia, the rates to be applied by the Defendant-Port, would be as per Clause 2.15(B) of the said Scale of Rates, whereas, the Defendant has Ganesh Lokhande 2/5 501-ia(L)-29359-2021.doc applied the rates as set out in Clause 2.15(A). Mr. Kapadia submitted that the Plaintiff is willing to deposit in this Court a sum of Rs.1,42,87,232/- and on that deposit being made, the Defendant ought to be restrained from taking any coercive action against the said Vessel/Barge (Support Station 3). Mr.Kapadia, on instructions, stated that the Plaintiff shall deposit the entire sum of Rs.1,42,87,232/- in this Court within a period of two weeks from today. He submitted that the above Interim Application then can be kept for hearing & final disposal.
3. On the other hand, the learned advocate appearing on behalf of the Defendant-Port, submitted that the Scale of Rates applied by the Defendant-Port are correct and the Defendant cannot be restrained from taking any coercive action against the said Vessel/Barge, until the entire dues of the Defendant are secured by depositing the money in this Court. The learned counsel appearing on behalf of the Defendant brought to my attention that the dues owed by the Plaintiff, as on 23rd December, 2021, comes to an amount of Rs.1,42,87,232/-. He therefore submitted that until the entire amount of Rs.1,42,87,232/- is deposited in this Court, no order ought to be passed at the instance of the Plaintiff.
4. In view of the statement made by Mr. Kapadia, the Ganesh Lokhande 3/5 501-ia(L)-29359-2021.doc following order is passed:
(a) The Plaintiff shall deposit in this Court a sum of Rs.1,42,87,232/- within a period of two weeks from today. The amount shall remain deposited in this Court and will be subject to any further orders passed in that regard.
(b) For a period of two weeks from today, the Defendant-
Port, shall not take any coercive action by way of distrain/detention/arrest (under Section 31 of the Major Port Authorities Act, 2021) against the said Vessel/Barge.
(c) Until the aforesaid deposit is made, the Plaintiff shall not take the said Vessel/Barge out of the territorial waters which fall within the jurisdiction of this Court as defined in Section 3 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017.
(d) It is needless to clarify that if the aforesaid deposit is not made within the time stipulated above, the Defendant shall then be entitled to take whatever action is required in accordance with law to secure their claim against the Plaintiff and/or the said Vessel/Barge.
(e) If the aforesaid deposit is made, the Plaintiff shall be entitled to take away the said Vessel/Barge subject to them depositing in this Court any charges that the said Ganesh Lokhande 4/5 501-ia(L)-29359-2021.doc Vessel incurs from 24th December, 2021 till the said Vessel is taken away. For the sake of clarity, it is stated by the Defendant that every day the said Vessel/Barge continues at anchorage post 23rd December, 2021, it will be incurring anchorage charges of Rs.1,53,923.50/- (Including GST) per day.
5. The Defendant-Port shall file its Affidavit-in-Reply to the above Interim Application on or before the 7th January, 2022 and serve a copy of the same to the advocates for the Defendant. If the Plaintiff wants to file any rejoinder, it may do so by filing the same on or before 14th January, 2022 and serve a copy of the same to advocates for the Defendant-Port.
6. Place the above matter for hearing on 19 th January, 2022.
7. All parties to act on an authenticated copy of this order digitally signed by the Personal Assistant /Private Secretary/Associate of this Court.
(B. P. COLABAWALLA, J.) Ganesh Lokhande 5/5