2023 (6) TMI 476

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.... The respondents have a customs demand against the petitioner - a charter party, of an amount of Rs. 4,49,35,190/-, interalia on the ground that the petitioner breached the terms and conditions of the re-export bond executed by it, whereunder the petitioner had failed to re-export the vessel "OSV BEAS DOLPHIN" (for short 'the vessel'). It is not in dispute that the vessel came to be arrested under the orders passed by this Court in admiralty proceedings, which were initiated by the crew of the vessel. The petitioner being a Charter party was not liable to discharge any monetary liability of the owner of the vessel towards the crew. 3. It appears that the vessel was ultimately sold in pursuance to the orders passed by this Court and the s....

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....hich are to be satisfied from the amounts received from sale of the said vessel, and secondly, the suit filed by the petitioner. 6. We made a query to the learned Counsel for the Revenue, as to whether would it not be suitable and appropriate in the unusual facts of the case for the Revenue to make an endeavour to recover the dues payable by the petitioner from the proceeds of the amounts which are available and lying deposited in this Court in the admiralty proceedings, when it is stated that the said amount is sufficient not only to take care of the claim of the members of the crew (the plaintiffs in the said proceedings) but also the Port and the Revenue's customs claim in question. Responding to such query, learned Counsel for the Re....

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....able to the revenue so as to recover the duty demand. We may also observe, that as fairly submitted by Mr. Pratap, there would not be any opposition to such claim of the revenue from the petitioner. Mr. Pratap also submits that the owners of the vessel may also not contest the proceedings as the sale itself was not contested by the owners of the vessel. 10. The total claim of the crew is stated to be Rs. 1.35 crores. As noted above, the duty dues as demanded by the respondents from the petitioner subject matter of this proceedings is an amount of Rs. 4,49,35,190/-, whereas the amount realized from the sale of the vessel is about Rs. 8.75 crores. We are also informed that there is also a claim of the Port Trust in the tune of Rs. 1.85 cro....