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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, R.POORNIMA
Board of Trustees, V.O.Chidambaranar Port Trust, Rep. by its Chairman, Tuticorin – Appellant
Versus
Seaport Logistics Pvt Limited – Respondent
COMMON JUDGMENT :
(Judgment of the court was delivered by G.R. SWAMINATHAN, J.)
These civil miscellaneous appeals are directed against the common order dated 15.02.2022 passed by the learned Principal District Judge, Thoothukudi dismissing Ar O.P Nos.42 and 46 of 2019.
2. V.O.Chidambaranar Port Trust (VOCPT) located at 8 kms from Thoothukudi City is a major port. The port then had a draught restriction of 12.8 meters. As a result, vessels requiring draught of more than 12.8 meters could not enter the port as they would get grounded. Hence, they had to lighten their weight at the outer anchorage itself. The lightening process was carried out by discharging the cargo by using the ship's crane, if available, and putting them in the barge alongside the vessel. The barge will thereafter bring the cargo to the berth. There will be a shore excavator which will unload the cargo from the barge and put them into the wharf for the purpose of clearing the same. This unloading operation from the vessel to the barge and from the barge to the berth and from the berth to the shore and to any other place is called “anchorage operation”.
3.It was suggested to VOC Port that the loading/unloading of cargo
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