Recovery of differential shipping Fees.

[vinay wakde]

We have removed coastal cargo of our finished goods and also received various coastal cargo of Raw materials  through  Mini Bulk Carriers (MBCs).   The port from which we have removed the goods / received the R/M is Minor Port. The Port authority had recovered Shipping fees / Landing fees from us at the time removal /receipt of the goods.  We have now received a letter (i.e. after lapse of Ten years) from Port authority to pay  differntial amount  of dues, which remains to be recovered from us due to amendment in the prescribed rate.

Kindly let us know whether differential amount shall be recovered from us after lapse of ten years or is there any time period in Port Act for recovery of dues. Any case law in the matter.

Regards,

VINAY

 

AI Summary

Differential Shipping Fees Claim After 10 Years: Subject to 6-Year Limitation Under Article 120 of Limitation Act. A query was raised regarding the recovery of differential shipping fees after ten years due to amended rates by a port authority. The issue concerns whether such fees can be claimed after a decade under Indian laws. A response referenced a Madras High Court case involving the recovery of port charges, which determined that claims not based on a contract but arising from statutory obligations are subject to a six-year limitation period under Article 120 of the Limitation Act. The case highlighted the importance of distinguishing between rent and statutory fees for limitation purposes.