LOURDU ANTONY RAJ Vs. M.V. BHOJA MARINER

JUDGEMENT

(1.) THIS is a Notice of Motion taken out by the plaintiff inter alia for a direction that his claim may be paid up out of the sale proceeds in the first instance and before any other claims are paid out therefrom. The Notice of Motion is resisted by the Board of Trustees of the Port of Bombay.

(2.) AT the hearing of this matter, the Plaintiff's Advocate has urged that Section 64 of the! Major Port Trusts Act, 1963, inter alia provides that if moneys are due and payable in connection with a ship to the Port Trust, it would be open to the Port Trust Authorities to attach the vessel and put up the vessel for sale after five days of such an attachment. That in this case the distress or arrest of the vessel had taken place as far back as 1983, but the Port Trust authorities did nothing thereafter till 1985. That the Port Trust not having done anything after the five days of the distress or arrest or the vessel, and/or otherwise not having sold it within a reasonable period, cannot now after a long lapse of time come forward and make a claim for the entire period of 1984 -1985 and claim a priority over all other claims more particularly over the claim of the Plaintiff who is a crew member and who has a lien on the sale proceeds in respect of his claim. That in the circumstances the Plaintiff's claim must be paid off in the first instance and the Port Trust would be welcome to take away the balance if any towards their dues. In other words, the Plaintiffs claim must have a priority over the claim of the Port Trust.