1992 (6) TMI 135 - AT - Customs

Issues Involved:
1. Entitlement to return of confiscated trawler or its value.
2. Ownership of the trawler.
3. Consistency with Supreme Court decision.
4. Entitlement of charterer to trawler or its value.
5. Determination of compensation for loss of catch.
6. Ignoring evidence on record regarding fish and shrimp value.
7. Basis of valuation of catch.
8. Claim for litigation expenses and damages.

Issue-wise Detailed Analysis:

1. Entitlement to Return of Confiscated Trawler or Its Value:
The applicants sought a return of the confiscated trawler or its value on the date of the Tribunal's order. The Tribunal held that the applicants are not entitled to the value of the trawler, dismissing their claim for Rs. 50 lakhs. The Tribunal referenced the Charter Agreement between the applicants and Southern Marine Services Company Limited in reaching this conclusion.

2. Ownership of the Trawler:
The Tribunal was tasked with determining whether Southern Marine Services Company Limited or the applicant company was the rightful owner of the trawler. The Tribunal held that Southern Marine Services Company Limited was the owner of the trawler. This decision was challenged by the applicants, who argued that it contradicted the Supreme Court's decision in M/s. British India Steam Navigation Co. Ltd. v. Shanmughavilas Cashew Industries & Ors.

3. Consistency with Supreme Court Decision:
The applicants contended that the Tribunal's decision was contrary to the Supreme Court's ruling in the case of M/s. British India Steam Navigation Co. Ltd. v. Shanmughavilas Cashew Industries & Ors. The Tribunal examined this argument and concluded that their decision was consistent with the Supreme Court's ruling, thus no rectification was necessary.

4. Entitlement of Charterer to Trawler or Its Value:
The Tribunal addressed whether the applicant company, as the charterer, was entitled to receive back the trawler or its value. The Tribunal concluded that the applicant company was not entitled to the return of the trawler or its value, upholding the original decision.

5. Determination of Compensation for Loss of Catch:
The applicants argued that the compensation for the loss of the catch of fish and shrimps should be Rs. 20 lakhs, as initially valued by the department. The Tribunal initially awarded Rs. 5 lakhs but later rectified this amount to Rs. 20 lakhs, recognizing the department's valuation.

6. Ignoring Evidence on Record Regarding Fish and Shrimp Value:
The applicants claimed that the Tribunal ignored evidence regarding the quantum and value of the fish and shrimps. The Tribunal acknowledged this oversight and rectified the compensation amount to Rs. 20 lakhs based on the department's valuation.

7. Basis of Valuation of Catch:
The Tribunal evaluated the evidence on record and concluded that the market value of the fish and shrimps should be Rs. 20 lakhs, enhancing the initial compensation of Rs. 5 lakhs. The Tribunal did not grant the international market value as requested by the applicants.

8. Claim for Litigation Expenses and Damages:
The applicants sought damages and litigation expenses incurred due to the illegal detention, seizure, and confiscation of the trawler and its catch. The Tribunal held that such damages could not be awarded in these proceedings and should be pursued through appropriate legal channels, such as a civil court or the High Court.

Separate Judgments:
The Tribunal's decision was delivered collectively, without separate judgments from different judges.

Conclusion:
The Tribunal referred certain questions of law to the Hon'ble High Court of Orissa, specifically regarding the ownership of the trawler and the applicability of the Supreme Court's decision. The Tribunal dismissed the applicants' other claims, including those for litigation expenses and damages, and enhanced the compensation for the catch of fish and shrimps to Rs. 20 lakhs.

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