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Judgment
Two applications made in this admiralty suit have been listed under heading "To Be Mentioned". The suit and GA 2958 of 2018 were specially assigned to this Bench by order dated 14th November, 2018. Said general application was listed under heading "To Be Mentioned" on 22nd March, 2018 and an order made. GA 3171 of 2018 was filed on 27th November, 2018 and has also been listed.
Mr.Thaker, learned advocate appears and submits, he has instructions to represent owner of the vessel. He has with him scanned copy of authorisation dated 13th December, 2018 for his client being represented in Court. The original is not with his learned advocate-on-record and hence, he submits, the suit and applications be posted to adjourned date within which time vakalatnama will be filed and instructions obtained for Court to hear contention of his client.
Mr. Banerji, learned senior advocate appears on behalf of plaintiff and submits, submission made by Mr. Thaker is insufficient for Court to simply adjourn hearing of his client's application. Hearing was adjourned till today per record in order on 22nd November, 2018. He relies on Admiralty (Jurisdiction and Settlement of Maritime Claims) Act 2017, sub-section (3) section 11 to submit, the owner has abandoned the vessel after its arrest by order dated 24th November, 2017. Court should cause the vessel to be auctioned and proceeds appropriated and dealt with has disbursed on priority to his client, if deemed fit. He submits, Special Officer be appointed to make inventory of the vessel in proceeding to auction sale of it in recent future.
Mr. Bose, learned senior advocate appears on behalf of Kolkata Port Trust and submits, the vessel is occupying a working berth at Haldia Port. Statutory dues in respect of the vessel, occupying the berth for such a long time, has amounted to in excess of Rs.8 crores. The vessel has thirteen(13) member crew and in the circumstances his client has been compelled to and is providing resources and services to the vessel and its crew. His client has first claim on any recovery made on sale of the vessel.
Ms. Nilanjana Adhya, learned advocate appears on behalf of defendant no.2. She submits, her client has claims against the owner of the vessel. The vessel should be sold and in the meantime her client be given liberty to lodge claim in this suit.
Since GA 3171 of 2018, being an application made by Port Authority has been listed together with the suit and plaintiff's application, under heading "To Be Mentioned", Court thinks fit to fix hearing of both applications at an early date. By consent including consent signified by Mr. Thaker, list on 3rd January, 2019 under appropriate heading.