HAL OFFSHORE LTD. Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) We have heard Mr.Pratap, learned Senior Counsel for the petitioner and Mr.Adik, learned Counsel for the respondents - Union of India.

(2.) The facts of the case are quite peculiar. The respondents have a customs demand against the petitioner - a charter party, of an amount of Rs.4,49,35,190.00, interalia on the ground that the petitioner breached the terms and conditions of the re-export bond executed by it, whereunder the petitioner had failed to re-export the vessel "OSV BEAS DOLPHIN" (for short 'the vessel'). It is not in dispute that the vessel came to be arrested under the orders passed by this Court in admiralty proceedings, which were initiated by the crew of the vessel. The petitioner being a Charter party was not liable to discharge any monetary liability of the owner of the vessel towards the crew.

(3.) It appears that the vessel was ultimately sold in pursuance to the orders passed by this Court and the sale proceeds amounting to about Rs.8.75 crores stand deposited in this Court to the credit of Commercial Admiralty Suit (lodg) No.63 of 2019 alongwith the other companion proceedings. Mr.Pratap has drawn our attention to an order dtd. 6/9/2022 passed by the learned Single Judge of this Court passed on the said proceedings, in which the Court has considered the determination of the priority of the claims in regard to the amounts to be disbursed as realized from the sale proceeds of the said vessel.