ASHOKE ARYA Vs. M V KAPITAN MITSOS

JUDGEMENT

(1.) This is a notice of motion taken out by the plaintiff in an Admiralty Suit. It seeks a declaration that the plaintiff has priority for his claim, which has been decreed, against the sale proceeds of the 1st defendant vessel (M.V. "Kapitan Mitsos"), which are lying in Court; in the alternative, for a declaration that his claim ranks pari passu with the claim of the Trustees of the Port of Bombay (B.P.T.) for anchorage fees in regard to the said vessel; and for ancillary reliefs.

(2.) The said vessel entered the port of Bombay on 9th June, 1980 and remained therein until after 24th Oct., 1985. It was first arrested by this Court in Admiralty Suit No. 13 of 1980, Adam Abdul Khan v. M.V.Kapitan Mitsos.

(3.) On 27th Sept., 1980 the B.P.T. passed a resolution sanctioning an amendment to its Port and Pilotage Scale of Rates. The sanction of the Government of India in regard to the amendment was sought on 20th Oct., 1983 under S.52 of the Major Port Trusts Act, 1963. The sanction was granted on 9th Dec., 1983 and the amendment was published in the Maharashtra Government Gazettee dt. 29th Dec., 1983. In consequence of the amendment, the said vessel became liable to anchorage fees from 28th Jan., 1984.