2020 (11) TMI 593

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....sent. P.C. 1. This interim application is moved by the applicant who is the successful bidder in the auction sale of the cruise ship M.V. KARNIKA (IMO No.8521220) for direction to the respondents to levy "Light Dues Charges and Port Charges" in conformity with governing provisions. 2. The cruise ship M.V. KARNIKA was sold pursuant to the order passed by this Court on 28.10.2020 for scrapping. The delivery of the ship, upon deposit of the sale price by the applicant, was effected on 11.11.2020. The respondent No.2-Bombay Port Trust grants the permission to sail the ship after the 'Port dues' are cleared. The respondent No.1 (Customs) thereupon issues 'Port Clearance Certificate'. The applicant has made a grievance that respondent No....

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.... 17,62,193/- per day, with the Office of Sheriff, Mumbai. The applicant is also ready to deposit a sum of Rs. 2,90,960/- towards light dues chares. 7. The learned Senior counsel for the applicant further submits that if on account of any unforeseen event, the ship does not sail by 19.11.2020, the applicant would deposit the further amount @ Rs. 17,62,193/- per day, till the ship sails. 8. The learned counsels have advanced submissions about the legitimacy of the 'Port charges' claimed by the respondent No.2. It was urged on behalf of the applicant that the Port Trust is claiming charges at a higher rate. In contrast, the learned counsel for the respondent No.2 would urge that the Port trust is levying uniform charges on all the ships ....