The Pratibha Bheema was outside Panaji port limits when it developed a technical snag. The generator and engines went out of order. The master anchored the Pratibha Bheema just outside Panaji port limits to ensure its safety and to avoid it being a navigational hazard. The owner, however, did not take steps to move the Pratibha Bheema to a sheltered area. In view of an impending monsoon, the State of Goa (plaintiff), through its Captain of Ports (in charge of all activities and inland waterways), took steps to protect the Pratibha Bheema from any impending disaster. The Pratibha Bheema was towed to Mormugao port and the plaintiff shifted the Pratibha Bheema from Mormugao to Panaji port anchorage (allegedly under plaintiff’s control). The vessel remained at the anchorage from 16 September 2013 to 7 April 2014.

A warrant of arrest was issued against the Pratibha Bheema (in another admiralty suit), which eventuated in a judicial sale pursuant to a court order. Title in the vessel was transfered to the new owners pursuant to confirmation of sale.

The plaintiff alleged that services rendered to the Pratibha Bheema (owned by Pratibha Shipping Corporation Pvt Ltd (in liquidation)) remained unpaid and claimed entitlement to payment of various charges from the sale proceeds of the Pratibha Bheema.

Held: Plaintiff entitled to a decree in the sum of INR 30,73,736 together with interest at 12% per annum from 17 April 2014 until 20 July 2014 (date of winding up), with the right to claim further interest from the official liquidator expressly left open.

The plaintiff's claim for port dues was a maritime claim within the meaning of art 4.1.d of the International Convention on Maritime Liens and Mortgages 1993 (MLM Convention 1993), which reads: ‘claims for port, canal, and other waterway dues and pilotage dues’, and therefore constituted a maritime lien on the vessel. The MLM Convention 1993 has the force of law in India, a signatory to this Convention (Elinoil­ Hellenic Petroleum Company SA v MV Anny L (Ex­Alexia S) 1999 (Supp 1) Bom CR 946). Port dues are also classified as maritime claims under art 1.1.l of the International Convention for the Unification of Certain Rules relating to Arrest of Sea-Going Ships 1952 (Arrest Convention 1952) and art 1.1.n of the International Convention on Arrest of Ships 1999 (Arrest Convention 1999).