Supreme Court of India · 1998-04-16
BOARD OF TRUSTEES PORT OF MUMBAI vs INDIAN OIL CORPN
- Citation / case number
- SC 1997/996
- Court
- Supreme Court of India
- Petitioner
- BOARD OF TRUSTEES PORT OF MUMBAI
- Respondent
- INDIAN OIL CORPN
- Author
- Sujata V. Manohar
- Bench
- D.P. WADHWA SUJATA V. MANOHAR
Judgment text excerpt
The Supreme Court addressed the rights of the Mumbai Port Trust under the Major Port Trusts Act, 1963, specifically Section 64, regarding the arrest and sale of a vessel due to unpaid port charges. The Court held that the Port Trust has a superior right to recover its dues from the sale proceeds of the vessel, despite the winding-up proceedings initiated against M/s Thakur Shipping Co. Ltd. The Court ultimately ruled in favor of the Port Trust, allowing it to recover its charges from the sale proceeds of the vessel, thereby affirming its rights under the relevant statutory provisions.