Allowed

The Board of Mumbai Port Authority v. Sale Proceeds of the Vessel M.V. Pfs Brave

Bombay HC26 Jul 2022COMAS/37/2021

Case brief

AI extract

What is this about?

The court decreed an admiralty suit filed by the Board of Mumbai Port Authority against the sale proceeds of vessel M.V.PFS Brave. The Plaintiff claimed outstanding dues for port services rendered before the vessel's sale. The claim was upheld as a maritime lien.

What did the court decide?

Suit decreed for sum of Rs.1,59,731/- with interest @ 15% p.a. on Rs.1,11,902/- against sale proceeds of vessel; costs awarded to Plaintiff.

The Board of Mumbai Port Authority Vs Sale Proceeds of… — Company and Corporate | Bombay HC (2022)

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Digitally signed SWAROOPSHARAD by SWAROOPSHARADPHADKE PHADKE Date: 2022.07.27 17:26:33 +0530

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comas 37 of 2021.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION ADMIRALTY SUIT NO.37 OF 2021

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The Board of Mumbai Port Authority,
a body constituted under the provisions of the
Major Port Authorities and having their
Office at Vijay Deep, Shoorji Vallabhdas
Marg, Ballard Estate, Fort, Mumbai – 400 001

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…PLAINTIFF

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Versus

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Sale Proceeds of Vessel M.V.PFS Brave,
Presently lying in this Hon’ble Court with
the Prothonotary and Senior Master and all
persons interested in the said Vessel

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...DEFENDANT

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Ms. Sneha Pandey i/by Motiwala and Co., for Plaintiff.
None for Defendants.

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CORAM: N.J.JAMADAR, J.

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DATE:26th JULY, 2022

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JUDGMENT :

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1.This Commercial Admiralty Suit is instituted for recovery of a sum of
Rs.1,59,731/- along with interest @ 15% p.a. on the principal sum of Rs.1,11,902/- from

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the date of institution of the Suit till payment and/or realization against the sale
proceeds of the Vessel M.V.PFS Brave.

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2.The Plaintiff is a statutory body constituted under the provisions of the
Major Port Authorities Act, 2021. Its predecessor in title – the Board of Trustees of
the Port of Mumbai, were the owners of the Docks, Harbour and Port facilities at the

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SSP 1/4

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comas 37 of 2021.doc

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Port of Mumbai. The Plaintiff renders various services to the Vessels coming to the
Port of Mumbai.

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3.M.V.PFS Brave, owned by PFS Shipping India Limited, had availed the
services at the Plaintiff’s port. Eventually, the Vessel – M.V.PFS Brave came to be
sold by the order of this Court on 4th July, 2018 in Admiralty Suit No.24 of 2018. The
sale proceeds of Rs.5,50,00,000/- have been deposited in this Court. The Plaintiff
raised bills for anchorages, port and pilotage services rendered to the said Vessel prior
to its sale, aggregating to Rs.1,11,902/-. The Plaintiff also addressed notices to the
Owner, Master and Agent of the said Vessel to pay the statutory dues in Form No.I on
6th July, 2018. It was followed by another notice dated 17th July, 2018 in Form No.II.
However, the statutory dues of the Plaintiff remained outstanding. Hence, this Suit
along with interest and further interest @ 15% p.a. from the date of the suit till
realization.

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4.Since the owner of the Vessel could not be served despite efforts, the
Plaintiff was permitted to serve the Defendant by way of substituted service in the
nature of paper publication. Eventually, the owner of Defendant Vessel was served by
paper publication. An affidavit of service dated 18th March, 2022 came to be filed.
Thus, the Suit came to be posted for passing Ex-parte Decree against the Defendant.

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5.The Plaintiff has examined three witnesses namely Sandesh Kumar
(P.W.1), Assistant Harbour Master, Marine Department; Mr. Hemant Rama More,

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SSP

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comas 37 of 2021.doc

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(P.W.2) Administrative Officer; and Mr. Rajendra R. Walinjkar (P.W.3), Sr.
Administrative Officer, Port Trust of Mumbai. They have filed Affidavits in lieu of
examination-in-chief. The Plaintiff has also tendered documents in support of the
claim. They are marked as Exhibits P1/2 to P1/6, P2/2 to P2/5 and P3/2. The
Plaintiff’s claim that it had rendered services to the Defendant Vessel is substantiated
by the Marine Invoice Finalized Report (Exhibits P/2/2, P/2/3 and P/3/2) and
certified true copy of SOR (Exhibits P/2/4 and P/2/5). The claims of the witnesses
that the notices were addressed to the Master and Agent of the Vessel, also find
support in the Notices dated 6th July, 2018 (Exhibit P/1/3) and 17th July, 2018 (Exhibit
P/1/4). The evidence of the Plaintiff’s witnesses has gone unchallenged.

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6.The claim of the Plaintiff appears a maritime claim covered by Section
4(1)(k) and (n) of the Admiralty (Jurisdiction and Settlement of Maritime Claims)
Act, 2017. This claim constitutes a maritime lien under Section 9(1)(d) of the said
Act. The Plaintiff is, thus, entitled to a decree. Hence, the following order :

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ORDER

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(i)The Suit stands decreed for a sum of Rs.1,59,731/- along with

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further interest @ 15% p.a. on the sum of Rs.1,11,902/- from the date of the Suit till
payment against the sale proceeds of Vessel – M.V.PFS Brave.

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(ii)Decree be drawn accordingly.

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SSP 3/4

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comas 37 of 2021.doc

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(iii)The Plaintiff is also entitled to recover the costs of this Suit from

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the Defendant.

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( N.J.JAMADAR, J. )

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4/4

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SSP

The Board of Mumbai Port Authority v. Sale Proceeds of the Vessel M.V. Pfs Brave

Case brief

What is this about?

What did the court decide?

The Board of Mumbai Port Authority v. Sale Proceeds of the Vessel M.V. Pfs Brave

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

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