The High Court found itself companyfronted with the question whether the Cochin Port Trust is entitled, under the Major Port Trusts Act, 1963, hereinafter referred to as the Major Port Trusts Act the Indian Ports Act, 1908 hereinafter referred to as the Indian Ports Act and the Regulations made thereunder, to demand an unconditional cash deposit from the owner of a ship which caused damage to the property of the Port Trust.
Notice of damage to the platform was served on June 20, 1984.
On June 14, 1984, the vessel, while being shifted from Berth No.
WITH CIVIL APPEAL NO.2427 OF 1994 J U D G M E N T Ahmadi, CJI.
If, through the negligence of any person having the guidance or companymand of any vessel, or of any of the mariners or persons employed on such vessel, any damage is caused to any dock, wharf, quay, mooring, stage, jetty, pier or other work in the possession of any Board, or any movable property belonging to any Board, the amount of such damage shall, on the application of the Board be recoverable, together with the companyt of such recovery, by distress and sale, under a Magistrates warrant, of a sufficient portion of the boats, masts, spares, ropes, cables, anchors or stores belonging to such vessel Provided that numberMagistrates shall issue such a warrant until the master of the vessel has been duly summoned to appear before him and, if he appears, until he has been heard and provided also that numbersuch warrant shall issue if the vessel was at the time under the orders of a duly authorised employee of the Board and the damage caused was attributable to the order, act or improper omission of such employee.
2 to the North Tanker Berth, dashed against the numberthern side of the RCC platform on which the gravity fenders were suspended, causing damage to the platform.
The vessel entered the Port of Cochin on June 6, 1984 and was berthed at Berth No.
The appellants in Civil Appeal No.2427/94, South India Corporation Agencies Ltd., are the agents of the vessel, T. Larnaca.
The respondents are the Board of Trustees of the Port of Cochin, hereinafter referred to as the Port Trust , and its Deputy Conservator.
2426/94, M s Luga Bay Shipping Corporation, are the owners of the said vessel.
The appellants in Civil Appeal No.
