JUDGMENT

S.C. Gupte, J. - This commercial appeal challenges an order passed by a learned Single Judge of this court on an interim application in a Sheriff's report filed in a commercial admiralty suit. The controversy concerns the bill of charges raised by the Appellant herein (original defendant No.2 and Respondent No.2 in the interim application), who is the Board of Trustees of the Port of Mumbai, for port dues and anchorage charges against Respondent No.1 herein (original Applicant), who is an auction purchaser of the defendant vessel. The parties to this appeal are hereinafter referred to by their nomenclature in the interim application out of which the present appeal arises.

2. The defendant vessel arrived within the port and harbour of Mumbai and was docked at Y1 anchorage on 23 March 2020. After 2 June 2020, it was shifted to Port Lighterage Anchorage and then, from 13 June 2020 onwards, it was at V1/Y anchorage. It remained at this anchorage by the time the vessel, originally arrested on the orders of the Admiralty Court, was ordered to be sold. The Applicant was the successful auction purchaser. The defendant vessel was sold on "as is where is" basis, but free of all encumb