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

Limitation for statutory port charges: standard limitation period applies rather than rent limitation; payments allocate to earliest charges.
Charges levied by a port authority for services and godown accommodation are statutory liabilities, not rent, and are governed by the limitation rule applicable to statutory obligations rather than the shorter rent limitation. Each component of a composite claim is subject to limitation as of its accrual; payments must be appropriated to the earliest accrued liabilities, so only amounts that accrued within the applicable limitation period remain enforceable.