Judgment

Mrs. Sujata V. Manohar, J.-Leave granted.

This appeal is filed by the Board of Trustees of the Port of Mumbai in respect of an order passed by the Patna High Court in Company Petition No. 5 of 1990 for winding up M/s. Thakur Shipping Co. Ltd.

2. A vessel belonging to M/s. Thakur Shipping Co. Ltd. M.V. Varuna Kachhapi arrived at the Port of Mumbai in May 1985 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 as amend­ed by the Major Port Trust (Amendment) Act of 1974, and the Dock Scale of Rates framed thereunder by the appellant. In view of the Port Trust charges which remained unpaid, the appellant-Port Trust arrested the said vessel in exercise of its rights under Section 64 of the Major Port Trust Act, 1963. It issued a public notice on 14th of August, 1987 for the auction sale of the said vessel.

3. M/s. Thakur Shipping Co. Ltd. challenged the proposed auction sale by filing a writ petition in the Bombay High Court which was summarily dismissed. In appeal, however, as M/s. Thakur Shipping Co. Ltd. under­took to pay all the charges due and payable to the appellant, the auction