2020 (9) TMI 1248 - HC - Customs

Permission of parking Drill Ship Aban Ice at Inner Anchorage Mumbai Port - removal of Drill Ship Aban Ice from Inner Anchorage Mumbai Port by the Applicant without intimation - HELD THAT - It may be mentioned that on 26-04-2017 this Court had passed an order in the related writ petition directing that the petitioners would deploy the subject vessel for the contract and no activity including moving of the vessel beyond the limits of contractual stipulation would be undertaken. On such condition, statement made by Mr. Jetly, learned senior counsel, that no coercive measures would be initiated against the petitioners on the basis of order- in-original, was accepted. The Drill Ship Aban Ice be permitted to park at Inner Anchorage, Mumbai Port - the interim application is disposed of.

Summary

Issues:
Interim relief sought for parking the Drill Ship Aban Ice at Inner Anchorage Mumbai Port and seeking permission for its movement.

Analysis:
The applicants, who are the petitioners in the related writ petition, filed an interim application seeking specific reliefs regarding the Drill Ship Aban Ice. The reliefs included permitting the vessel to be parked at Inner Anchorage Mumbai Port, ensuring that the vessel will not be moved without intimation to the Respondent No.2, and clarifying that these actions do not affect the rights of the respondents to act in accordance with the law.

During the proceedings, Mr. Jetly, learned senior counsel for the respondents, expressed no objection to the interim prayer of allowing the vessel to be moved to Inner Anchorage, Mumbai Port. This concession was made as the vessel could not remain at the contract site, indicating a practical approach towards the situation.

The Court noted a previous order from 26-04-2017, which directed the petitioners to deploy the vessel for the contract without moving it beyond the contractual stipulations. Mr. Jetly assured that no coercive measures would be taken against the petitioners based on the order-in-original, which was accepted by the Court.

In light of the information provided by ONGC that no new well could be taken up after a specific date and that the contract was nearing completion, the applicants sought permission to move the Drill Ship Aban Ice from its current area of engagement in oil exploration. Considering these circumstances, the Court decided to modify its previous order from 2017 and allowed the vessel to be parked at Inner Anchorage, Mumbai Port.

Consequently, the interim application was disposed of with the new directive regarding the parking of the vessel. The Court specified that the order would be digitally signed for implementation by concerned parties upon receipt via fax or email.