V.K. Gupta, J. - (1.) This Appeal is directed against Judgment dated 13th February, 1998 passed by a learned single Judge of this Court in two Admiralty Suits, being Admiralty Suit No. 15 of 1994 (Anil Kumar Sen and Others v. Owners and Parties interested in the Vessel MV-Charisma-N), and Admiralty Suit No. 16 of 1994 (Swadesh Kumar Khatua and Others v. Owners and parties interested in the Vessel M.V. Alexandra-N).
(2.) The brief facts leading to the filing of this Appeal are as herein below stated : Nilhaat Shipping Company Limited at the material time was the owner of the Vessels namely M.V. Charisma-N and M.V. Alexandra-N. Nilhaat Shipping Company was wound up by an order of the Company Court passed in this Court's Company petition No. 51 of 1995 and Official Liquidator had stood appointed who was directed to take possession of the assets of the said dissolved Company. M.V. Alexandra-N had in the meanwhile arrived at Haldia Dock Complex of Calcutta Port Trust on 18th October 1982 and was incurring Port charges, berth hire and deck dues etc. till the said Vessel was sold and the possession thereof was handed over to its Purchaser in terms of the Order passed by this Court. After the said Vessel M.V. Alexandra had arrived in Haldia Port in October '82, Shipping Development Fund Committee, the Predecessor-in-interest of ICICI and Union of India filed a Suit in this Court, being Admiralty Suit No. 1 of 1983 for enforcement of the mortgage created in favour of the said Shipping D.F. Committee in respect of the said Vessal. In or about December 1983 Calcutta Port Trust (CPT for short) applied in the said Suit for leave to intervene and to proceed against the said Vessel in terms of section 64(2) of the Major Port Trusts Act, 1963 (1963 Act for short) and to deposit the surplus after adjustment of its calim against the sale proceeds of the Ship with the Registrar, Original Side of this Court. In October 1985 the said Vassel was sold to the highest bidder for Rs. 1,46,00,000/- in favour of one Amar Steel Industries and the said sale was confirmed by order of this Court. The sale proceeds of the said Vessel were-directed to be deposited with the CPT. The Crew Members made an application for some ad-hoc payment and by an order of this Court, CPT was directed to pay on ad-hoc basis an amount of Rs. 5,00,000/- to the Crew Members from out of the said sale proceeds. This order was however passed without prejudice to the rights and contentions of the parties, The Vessel was ultimately handed over to the purchaser by CPT. In or about 24th January, 1986 CPT applied to this Court inter alia for a direction that it was entitled to be paid the hire charges and berth hire charges up to 11th December, 1985 as also reserve moorings charges at the prescribed rates from 12th December '85, claiming priority over anyone else, by way of its first charge over the said Ship purportedly in terms of section 64(1) of the 1993 Act.
(3.) The other Vessel namely "MV-Charisma-N" arrived at Haldia Dock Complex of CPT on 15th October, 1982. The members of the Crew filed a Suit in this Court claiming their unpaid wages. In the said Suit also CPT applied for the sale of the said Vessel in exercise of its similar power under section 64(2) of 1963 Act. The Shipping Development Committee also had filed a Suit in Bombay High Court for enforcement of its mortgage right and for sale of the said Vessel M.V. Charisma-N. In the said Suit from time to time various orders were passed in Bombay High Court. Finally the said Vessel was sold on 12th December 1984 by order of Bombay High Court for an amount of Rs. 1.17 Crores and the Vessel was taken delivery of by its purchaser on 25th December, 1986. Whereas in respect of the Vessel M.V. Alexandra-N, CPT claims Rs. 99,97,852.31, in respect of the Vessel M.V. Charissma-N, CPT's claim is to the tune of Rs. 1,25,63,203.23.;