Supreme Court · 1998 INSC 181 · Decided 16 April 1998
Board of Trustees, Port of Mumbai v. Indian Oil Corporation
- Court
- Supreme Court of India
- Citation
- 1998 INSC 181 · [1998] 2 S.C.R. 774
- Case number
- CIVIL APPEAL No. 2085/1998
- Decided
- 16 April 1998
- Bench
- SUJATA V. MANOHAR, D.P. WADHWA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Companies Act Section 446
Headnote
Major Port Trusts Act, 1963: Section 64. Recovery of rates and charges by distraint-Or arrest of vessel and C sale-Held: Board of Trustees' lien over the vessel is paramount which is even above the claims of the secured creditors in winding up-It cannot be exlinguished or the vessel sold by any Ss. 446 and 529. D A vessel belonging to a Company arrived at the port and was laid up at anchorage. It became liable to pay anchorage and other charges leviable under the provisions of the Major Port Trusts Act, 1963 and the Dock Scale of Rates framed thereunder by the appellant-Board. Due to
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