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Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
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Right of the Purchaser of confiscated vessel in an action - Direction to issue No Due Certificate (NDC) in relation to subject vessel MSV Safina Al-Miraz to the Petitioner and permit the Petitioner to shift the Vessel from Salaya Port to Okha Port forthwith - The High Court referred to Sections 115 and 126 of the Customs Act, stating that upon confiscation, the confiscated goods vested in the Central Government. Consequently, any encumbrances, including the mortgage by the GMB, would cease to exist. - Given the legal framework and absence of outstanding dues, the Court directed the GMB to issue the NDC to the petitioner, enabling them to shift the vessel. The rule was made absolute in this regard, with no orders as to costs.
Right of the Purchaser of confiscated vessel in an action - Direction to issue No Due Certificate (NDC) in relation to subject vessel MSV Safina Al-Miraz to the Petitioner and permit the Petitioner to shift the Vessel from Salaya Port to Okha Port forthwith - The High Court referred to Sections 115 and 126 of the Customs Act, stating that upon confiscation, the confiscated goods vested in the Central Government. Consequently, any encumbrances, including the mortgage by the GMB, would cease to exist. - Given the legal framework and absence of outstanding dues, the Court directed the GMB to issue the NDC to the petitioner, enabling them to shift the vessel. The rule was made absolute in this regard, with no orders as to costs.
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