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2025 Supreme(Ker) 836

IN THE HIGH COURT OF KERALA AT ERNAKULAM
D. K. SINGH, J.
GAC Shipping (India) Private Limited – Appellant
Versus
Union Of India, Represented By Its Secretary – Respondent


Advocates Appeared:
For the Petitioner: P.F. Rosy, Sneha Rajiv, P. Deepak (SR.)
For the Respondents: T.C. Krishna Dsgi, Sri. N.S. Daya Sindhu Shree Hari, Sri. M. Gopikrishnan Nambiar, Sri. K. John Mathai, Sri. Joson Manavalan, Sri. Kuryan Thomas, Sri. Raja Kannan, Paulose C. Abraham.

JUDGMENT :

Heard Mr P Deepak learned Senior Counsel assisted by Ms Sneha Rajiv learned for the petitioner, and Mr Daya Sindhu Sreehari learned Central Government Counsel, Ms T.C. Krishna learned DSGI and Mr Poulose C Abraham learned Counsel for the Cochin Port Trust.

Facts

2. The petitioner is a streamer agent for foreign vessels calling at the major ports in the Country including Cochin Port. During the months of April and May 2020, three foreign vessels, namely MT DELTS SKY, MT DHT FALCON and MT EVRIDIKI, were called at the Cochin Port under the petitioner’s agency. The invoices dated 13.04.2020, 05.05.2020, and 21.05.2020 were raised by the Cochin Port Trust (CoPT) for various vessel-related charges, including port dues, towage, pilotage etc. The amount demanded under the three invoices was remitted in full by the petitioner, and the vessels were allowed to sail after the following endorsement made in the three invoices, namely-

"No final bill against this VCN. This may be treated as final bill"

2. Later, three invoices dated 04.07.2020 were served on the petitioner demanding "anchorage charges" in respect of the three vessels in question. The anchorage charges were raised on the str





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