GLANDER INTERNATIONAL BUNKERING DMCC Vs. M.V. KARNIKA

JUDGEMENT

(1.) This interim application is moved by the applicant who is the successful bidder in the auction sale of the cruise ship M.V. KARNIKA (IMO No.8521220) for direction to the respondents to levy "Light Dues Charges and Port Charges" in conformity with governing provisions.

(2.) The cruise ship M.V. KARNIKA was sold pursuant to the order passed by this Court on 28.10.2020 for scrapping. The delivery of the ship, upon deposit of the sale price by the applicant, was effected on 11.11.2020. The respondent No.2-Bombay Port Trust grants the permission to sail the ship after the 'Port dues' are cleared. The respondent No.1 (Customs) thereupon issues 'Port Clearance Certificate'. The applicant has made a grievance that respondent No.1 is levying "light dues charges' for the entire one months' period though the ship was delivered to the applicant on 11.11.2020. The applicant further avers that the respondent No.2 is claiming 'Port dues' at a higher rate than legally permissible. In view of the alleged excessive demands, the applicant is not in a position to sail the ship. Hence, the application.

(3.) The matter was listed yesterday. It transpired that the respondent Nos. 1 and 2 had yet not raised the demand, though the applicant claimed that the amount was conveyed to the applicant. The learned counsel for respondent No.2 had sought time to take instructions as to the amount the respondent No.2 claims as the 'Port dues' for M.V. KARNIKA (IMO No.8521220).