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2015 (9) TMI 1128 - MADRAS HIGH COURTVessel was berthed at the Chennai Port Trust - whether, the Chennai Port Trust, the appellant herein, is entitled to levy berth hire charges as applicable to commercial vehicles or the charges leviable in the case of dead vessel meant for scrapping - Held that:- the appellant has not been in a position to show, by sufficient evidence, that the vessel in question, namely, MV “San Giorgio 1” , is not a dead vessel. Further, the amount payable in respect of the vessel MV “San Giorgio 1” cannot be based on the rates applicable to commercial vehicles. The fact the vessel in question is a dead vessel cannot be questioned. As the appellant had not been in a position to show that the berth hire charges applicable to the vessel MV “San Giorgio 1” has been notified by the Berth Authority for Major Ports and made applicable in respect of the Chennai Port Trust, the claim of the appellant cannot be sustained. From the records available it could be seen that the Chennai Port Trust has been adopting the rates fixed by the Vishakapattinam Port Trust, in respect of the dead vessels. There is nothing on record to show that the rates had been revised in respect of the dead vessels, berthed at the Chennai Port Trust, by way of a notification issued by the Berth Authority for Major Ports. Therefore, the contentions raised on behalf of the appellant, with regard to the berth hire charges, in respect of the vessel MV “San Giorgio 1”, cannot be countenanced. However, it may be open to the appellant to make its claim, if any, for the payment of the additional hire charges, from the respondent, in respect of the vessel, by following the procedures contemplated under the provisions of the Major Port Trusts Act, 1963, before the appropriate authority or forum. Writ petition dismissed - Decided against the appellant.
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