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2021 (2) TMI 1308 - HC - Indian LawsCommercial admiralty suit - bill of charges raised for port dues and anchorage charges against Respondent No.1 herein (original Applicant), who is an auction purchaser of the defendant vessel - Sections 48, 49 and 50 of the Major Port Trusts Act, 1963 - HELD THAT:- Under Section 50-B, when a vessel enters a port but does not discharge or take in any cargo or passengers, she is charged with port dues at a rate to be determined by the Authority, which, in any event, should not exceed half the rate with which she otherwise would be chargeable - Dealings between parties as also pleadings respectively filed by them also indicate the same understanding on the part of both stakeholders; both MbPT and Applicant have understood port dues and anchorage fees as separate charges governed by separate individual clauses of the Tariff notification. Pilotage charges - HELD THAT:- The impugned order does not find any reference to pilotage charges. It is, however, submitted that the order provides for liberty reserved unto the Applicant to raise an issue concerning these charges in case an appeal is filed by MbPT challenging the impugned order. It is submitted that such liberty includes leave to file cross objection about pilotage charges. The liberty reserved for cross objection of the Applicant concerns the issue of charging of half anchorage fees under Section 50-B of the Act; there is no indication that any liberty was reserved on the issue concerning pilotage charges - there are no merit even in this aspect of the cross objection. The amount deposited by the Applicant as a condition of interim relief in its favour may now be withdrawn by MbPT. Such withdrawal, however, shall not be made for a period of four weeks from today - the commercial appeal is allowed.
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