ATLANTIC SHIPPING PVT. LTD. Vs. CHENNAI PORT TRUST

JUDGEMENT

(1.) The Petitioner in this Writ Petition is a Steamer Agent acting for various shipping lines and ship operators. The Respondent, viz., Chennai Port Trust, which is a body corporate constituted under the Major Port Trusts Act, 1963, renders various services to the ship owners of the vessels arriving in the Port of Chennai in terms of the provisions of that Act.

(2.) The Tariff Authority for Major Ports (TAMP) has been constituted under the provisions of Chapter V-A of the Major Port Trusts Act, 1963, has been, inter alia, conferred with various powers and duties with regard to operations of all major ports in India and under Sec. 49 of that Act, it has been empowered to frame scale of rates for various services rendered by the major ports to the port users. TAMP by proceedings dated 06.04.2000 had taken a decision about charging port dues with reference to the reduced gross tonnage of tankers with segregated ballast tanks by which it had been provided for oil tankers with segregated ballast, the reduced gross tonnage that is indicated in the "Remarks" Column of its international tonnage certificate will be taken to be its gross tonnage. Based on the same, the Respondent had raised bills for which the Petitioner, as Steamer Agent, had paid the same. Subsequently, TAMP by another order dated 09.10.2002 had held as follows:-

(3.) The Petitioner sent reply dated 08.05.2003 to the revised demand made. That apart, the Respondent, by communication dated 25.07.2003 called upon the Petitioner to settle the pending bills, failing which, it was warned that the respondent will be constrained to stop rendering services to the vessels of the Petitioner. A reminder dated 18.08.2003 was sent by the Respondent to the Petitioner requiring payment.