2018 (3) TMI 358 - SC - Indian Laws

Interpretation of statute - MPT Act - Whether the liability to pay ground rent on containers unloaded at Cochin Port, but not cleared by the consignees/importers and refused to be de-stuffed by the Port, on the ground of inadequate storage space, can be imposed on the owners of the vessel/steamer agents beyond the period of 75 days, fixed by the Tariff Authority of Major Ports (TAMP), a statutory body constituted under Section 47A of the Major Port Trust Act (MPT Act), 1963? Held that - the matter referred to Larger Bench to resolve the issues - Whether in the interpretation of the provision of Section 2(o) of the MPT Act, the question of title of goods, and the point of time at which title passes to the consignee is relevant to determine the liability of the consignee or steamer agent in respect of charges to be paid to the Port Trust and other relevant issues - The larger Bench may deal with any additional issues relevant to the context, as it deems necessary.

Summary

Issues Involved:
1. Liability to pay 'ground rent' on containers.
2. Interpretation of the provisions of the Major Port Trusts Act (MPT Act).
3. Definition and liability of 'owner' under Section 2(o) of the MPT Act.
4. Scope and power of the Tariff Authority of Major Ports (TAMP).
5. Precedential inconsistencies regarding liability for port charges.

Detailed Analysis:

1. Liability to Pay 'Ground Rent' on Containers:
The primary issue was whether the liability to pay 'ground rent' on containers unloaded at Cochin Port, but not cleared by consignees/importers, can be imposed on the vessel owners/steamer agents beyond the 75-day period fixed by TAMP. The High Court held that the Port Trust could demand 'ground rent' only for a maximum period of 75 days as per TAMP orders and that there was no justification for collecting charges indefinitely.

2. Interpretation of the Provisions of the Major Port Trusts Act (MPT Act):
The case revolved around the interpretation of various provisions of the MPT Act, particularly Sections 2(o), 42, 43, 48, 49, 59, and 60. The Act vests administrative control and management of ports in port authorities and outlines their responsibilities and powers, including the execution of works, and the imposition and recovery of rates.

3. Definition and Liability of 'Owner' Under Section 2(o) of the MPT Act:
Section 2(o) defines 'owner' in relation to goods to include consignor, consignee, shipper, or agent. The High Court and subsequent judgments examined whether a steamer agent could be construed as the 'owner' and thus liable for storage charges/demurrage for uncleared goods. The High Court concluded that steamer agents do not have a duty to clear goods, which is the consignee's responsibility.

4. Scope and Power of the Tariff Authority of Major Ports (TAMP):
The High Court restricted its consideration to the scheme of the MPT Act and the effect of TAMP orders regarding the fixation and extent of liability on steamer agents. It held that TAMP has exclusive authority to prescribe the scale of rates and conditions under Sections 48 and 49 of the MPT Act.

5. Precedential Inconsistencies Regarding Liability for Port Charges:
Several judgments, including Rowther-I, Rowther-II, Sriyanesh Knitters, Forbes-II, and Rasiklal, were analyzed for their interpretations of liability for port charges. The Supreme Court noted inconsistencies among these judgments regarding whether the liability falls on the steamer agent or the consignee and the relevance of the title of goods in determining such liability. The Court identified the need for a larger Bench to resolve these inconsistencies and clarify the principles determining liability for port charges.

Conclusion:
The Supreme Court highlighted the need for a larger Bench to address the following issues:
a) Relevance of the title of goods and the point of time at which it passes to the consignee in determining liability.
b) Whether a consignor or steamer agent is absolved of responsibility for port charges once the Bill of lading is endorsed or the delivery order is issued.
c) Liability of steamer agents for storage charges/demurrage for uncleared goods.
d) Principles determining whether the Port Trust can recover dues from the steamer agent or the consignee.
e) Obligations of the Port Trust to de-stuff containers and return empty containers to the shipping agent.

The Registry was requested to place the papers before the Chief Justice of India for appropriate administrative directions.