TRANSWORLD SHIPPING SERVICES Vs. VISAKHAPATNAM PORT TRUST

JUDGEMENT

(1.) This appeal is against an order of the Andhra Pradesh High Court dated 20.9.1995. Briefly stated, the facts are as follows:

(2.) Under the Regulations framed by the Visakhapatnam Port Trust Authorities, in pursuance of Sec. 123 of the Major Port Trusts Act, 1963 , any agent proposing to carry on his business, at Visakhapatnam Port, had to open a deposit account. For the purposes of opening the deposit account, a letter of consent had to be given stating therein that all dues payable by him to the Port would be adjusted against the deposit account. It is not disputed that such a letter had been given and a deposit account was opened by the appellants.

(3.) By a letter dated 30.8.1985, the appellants informed the Traffic Manager of the Visakhapatnam Port Trust that a vessel M. V. Pantanassa was arriving on 30.8.1985, for the purposes of discharging 9000 metric tonnes of cement, and that their agent, one M/s Chowgule Brothers would attend the shipment and clear the vessel. By this letter, they permitted the Port Authorities to debit the deposit account, amongst others with the "port dues". The vessel entered the Port and after discharging left the Port on 13.9.1985.