Calcutta High Court: In an application filed, by the owner of the vessel M.V. Marintrust – 01, seeking appointment of a Surveyor to assess the quantum of damage caused to the goods contained in the containers aboard the vessel docked at Syama Prasad Mookerjee Port, Kolkata, a single-judge bench comprising of Moushumi Bhattacharya,* J., disposed of the application with detailed directions regarding the identification, storage, and sale of salvaged goods from the vessel. The Court also addressed logistical issues, customs procedures, and the urgency of selling the vessel and directed the owner to appoint a Surveyor to assess the goods’ quantity, damage, and current value.
In the instant matter, the applicant, Marintrust Limited, claiming the ownership of the vessel M.V. Marintrust – 01, currently docked at Syama Prasad Mookerjee Port, Kolkata, located within the admiralty jurisdiction of the Court, filed an application before the High Court. The vessel was arrested in an admiralty suit brought by Plaintiff 1 and 2 seeking compensation for damages suffered. The vessel experienced a capsizing/listing incident on 23-03-2022 while berthed at Kolkata Port, resulting in submerged cargo. The vessel was subsequently brought upright on 15-09-2022, and cargo was recovered. Plaintiffs 1 and 2 obtained an arrest order on 29-09-2022 from a Co-ordinate Bench and further orders for the sale of vessels on 28-06-2023, with Joint Special Officers appointed for the sale. The applicant sought the appointment of a Surveyor to assess damage to goods in containers salvaged from the vessel and mitigate the damages. On the other hand, the Port Authorities and Plaintiffs resist the appointment, citing outstanding port charges and logistical complications.
The Court noted that the Owner solely claimed ownership over the vessel in question, not on the goods inside the containers and, similarly, the Port’s claim is restricted to the vessel alone. The noted that the appellant seeks redressal for the loss of goods stored within specific containers among those onboard, distinct from the goods within the 165 containers currently located within the Port premises and appellant alone can identify the containers holding their goods. The Court noted that all goods are Customs duty paid and intended for export, necessitating the consent or no objection of Customs Authorities for the removal of salvaged goods/containers. The Court highlighted further issues including the vessel’s dilapidated condition, logistics of removing containers, ownership claims, customs procedures, and vessel’s sale urgency and passed the following directions:
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Plaintiffs to identify containers holding their cargo in the presence of the vessel’s owner.
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Owner to arrange a Customs Bonded Warehouse for container storage at their expense.
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Owner to obtain Customs permission for container movement.
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Containers to be de-stuffed in presence of plaintiffs with prior notice.
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Goods sold after de-stuffing and survey, with all costs borne by the vessel’s owner.
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Port’s lien preserved as first charge on goods sold.
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Fresh auction for the vessel to be conducted with a new valuer.
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Owner to provide an undertaking to the Customs Bonded Warehouse for costs.
The Court directed the owner to appoint an accredited Surveyor, subject to fulfillment of the above directions, to assess the quantum of goods, damage caused to the goods and approximate damage at the time when the containers were salvaged and file Report indicating the aforesaid as well as approximate price of the goods as on date. The application is allowed and disposed of as per the directions provided.
[Grasim Industries Ltd. v. Owners and Parties Interested in the Vessel M V Marintrust — 01, (IMO 9783174), 2024 SCC OnLine Cal 1843, order dated 26-02-2024]
*Judgment by Justice Moushumi Bhattacharya
Advocates who appeared in this case :
Mr. K.R. Thaker, Mr. Soumik Kundu, Counsel for the Plaintiff
Mr. Jishnu Chowdhury, Mr. Soumyadip Saha, Mr. Dwip Raj Basu, Mr. Anubhav Sinha, Mr. Nikhil Kr. Roy, Mr. Abhijit Sarkar, Counsel for the Defendant No. 1/Application
Mr. Pourush Bandopadhyay, Adv. Mr. Anirban Ghosh, Counsel for the Intervener
Mr. Tilak Kr. Bose, Sr. Adv., Mr. Pranit Bag, Mr. Aditya Sarkar, Counsel for the Kolkata Port Trust
