Shri Dilip Kumar
Mansukhlal Gandhi, Union Minister of State for Shipping in a
written reply to Shri Subodh Ray in Lok Sabha today has stated
that attention of the Government was drawn towards the news
item captioned "Captured Indian ship sold by Bangladesh"
appeared in the Rashtriya Sahara dated January 4th,
2003.
The Minister
stated that the factual position was that one of SCI vessels
viz. m.v. Vishva Kumudi was detained at Bangladesh on March
13, 1999. The vessel m.v. Vishwa Kumudi was on time charter
to M/s Piyarellal International Ltd., Kolkata for a voyage spanning
over 25/30 days load 8325 tonnes of Par boiled Rice from Haldia
to Mongla. The vessel arrived Mongla on 13.3.1999 and after
discharge of a few bags of cargo, the vessel was off-hired by
the Charterers M/s Piyarellal on the pretext that the cargo
was damaged due to ship’s fault, whereas the consignees have
not accepted the cargo since the cargo was allegedly off-specification,
for which SCI was not responsible. The SCI’s best endeavors
for a negotiated our of court settlement with the consignees
could not fructify and therefore legal action was taken and
a Writ-Petition was filed in the High Court division of the
Supreme Court of Bangladesh. The Writ Petition was disposed
of in SCI’s favour. However, the consignee viz. Ministry of
Food, Government of Bangladesh went in appeal and also filed
an Admiralty Suit in the Admiralty Wing of the High Court Division
of Supreme Court of Bangladesh for alleged cargo claim of about
Taka 11 crores and got the vessel arrested by a Court Order.
SCI also filed
a counter claim against the Ministry of Food for Tk 27.76 crores
and also defended the case in the Admiralty Court. The court
proceedings are still going on in the Admiralty Court of Bangladesh
though the arguments/counter arguments are almost completed
and the next hearing is fixed for 1st March, 2003.
In the meantime,
since the vessel was in a precarious condition and was on the
brink of sinking any moment with no repairs or drydock since
last 3 years, SCI had applied to the Court for allowing them
to sell the vessel by auction and deposit the amount with the
Court, so that the catastrophe arising out of a possible sinking
of the vessel could be avoided, besides avoiding the mounting
cost on the vessel by way of port dues and other expenses. The
Court allowed the vessel to be auctioned. Subsequently, the
vessel was auctioned for BGTK 4 crores.
It is pertinent
to mention here that the vessel is sold by the Court at SCI’s
request and not by the Bangladesh Authorities, as alleged in
the Report. This is commercial dispute in which Government of
India, as a rule, does not interfere.
