M/s.Bhuval Industries, who is the Ship Breaker, has filed an application for intervention. Mr.Mihir H.Joshi, learned Senior Advocate with Mr.Amitav Majoomdar, learned advocate for M/s.Bhuval Industries, states that as per the Survey Report, the approximate quantities of the Bunkers in the Vessel "ACX Hibiscus" are as under:
Sr No.
Type Quantity 1 Furnace Oil 988.40 MT 2 Diesel Oil 8.3 MT 3 Lubricating Oil 24,300 Litres It is further submitted that the approximate values of the aforesaid would be as under:
Sr No Type Rate Approximate value 1 Furnace Oil Rs.35,000/-
per MT Rs.3,45,80,000/-
Diesel Oil Rs.35,000/-
per MT Rs.2,80,000/-
Lubricating Oil Rs.39/-
per litre Rs.9,36,000/-
Rs.3,57,96,000/-
It is stated by the learned Senior Advocate that there is likely to be approximately 10% loss during removal of the Bunkers on account of clinkage and upon deducting the same, the net value of the Bunkers would, therefore, be Rs.3,23,00,000/- approximately. The learned Senior Advocate further submits that as the Vessel is in a dilapidated condition, there is a possibility of oil spillage, therefore, the Ship Breaker may be permitted to remove the Bunkers and sell the same. If permission to do so is granted, the proceeds of the sale of Bunkers shall be deposited in a separate Account as and when the consignments are sold. The details of the Account and deposits shall be intimated to the Court and the plaintiff. The amount deposited in the Account shall not be withdrawn till the hearing of the suit.
Mr.Mihir J.Thakore, learned Senior Advocate with Mr.Shamik Bhatt, learned advocate for the plaintiff, has submitted that the Bankers may be auctioned.
Having heard the learned counsel for the respective parties, and in view of the apprehension that there is a likelihood of an oil spillage taking place, the Intervenor - Ship Breaker is permitted to remove the Bunkers from the subject Vessel and to sell the same on conditions that:
(a) The proceeds of sale of the consignments shall be deposited in a separate Account, with intimation to this Court and to the plaintiff.
(b) The amounts so deposited shall not be withdrawn by the Ship Breaker till the final decision of the suit.
(c) It is made clear that the Ship Breaker is permitted to undertake activities strictly limited to the removal of Bunkers.
The Gujarat Pollution Control Board, Bhavnagar, The Gujarat Maritime Board, Alang, and the Customs Authorities, Bhavnagar, shall permit the Ship Breaker, M/s.Bhuval Industries, to remove the Bunkers from the Vessel.
It is clarified that this order shall not be made a ground for contending that in view of the above directions, the arrest of the subject Vessel cannot be continued.
List on 03.07.2012.
(Smt.
Abhilasha Kumari, J.) (sunil) Top