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april 1998

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.

BOARD OF TRUSTEES PORT OF MUMBAI vs INDIAN OIL CORPN · Niyam