2016 (12) TMI 1877 - HC - Customs

Provisional release of vehicle - drill ship - vessel is deployed for operations of ONGC in India - HELD THAT - Mr. Jetly, on instructions, has stated that so long as the vessel is deployed for operations of ONGC in India, the respondents would have no objection for such deployment within India. However, Mr. Jetly submits that in the event the vessel is required to be moved out of India, the petitioners would have to take all the requisite steps in accordance with law for obtaining the clearance from the Competent Authorities for such movements. The notice of motion is disposed off.

Summary

Issues involved:
1. Seizure and provisional release of a drill ship by the respondents.
2. Deployment of the drill ship within India for ONGC contracts.
3. Compliance with the High Court's order regarding the deployment of the vessel.
4. Requirement of obtaining clearance from Competent Authorities for moving the vessel out of India.

Analysis:
1. The judgment pertains to a notice of motion filed by the petitioners in response to the seizure and provisional release of a drill ship by the respondents. During the hearing, the respondents, through Mr. Jetly, expressed no objection to the notice of motion being made absolute in terms of prayer clause (a) related to the deployment of the vessel. The High Court noted the statement made by Mr. Jetly on behalf of the respondents and disposed of the notice of motion accordingly, without any order as to costs.

2. Mr. Jetly, on instructions, clarified that the respondents have no objection to the deployment of the vessel for operations of ONGC within India. However, he emphasized that if the vessel is to be moved out of India, the petitioners must adhere to all legal requirements and obtain clearance from the Competent Authorities for such movements. The Court refrained from expressing any opinion on this matter, leaving it open for the petitioners to follow the necessary legal procedures if the vessel needs to be relocated outside India.

3. The petitioners sought clarity on the deployment of the drill ship in compliance with the High Court's order dated August 3, 2015. The respondents' counsel assured that as long as the vessel is utilized for ONGC operations within India, they have no objection. Any potential movement of the vessel out of India would require the petitioners to fulfill legal obligations and obtain appropriate clearances, as highlighted by Mr. Jetly during the proceedings.

4. The judgment underscores the importance of adhering to legal procedures and obtaining necessary clearances from Competent Authorities when considering the movement of the vessel out of India. By leaving this aspect open for the petitioners to address in accordance with the law, the Court ensures that all regulatory requirements are met if the drill ship needs to be deployed outside India, thereby safeguarding the rights and interests of all parties involved in the matter.