# In the matter of Angre Port Private Ltd.  Vs. TAG 15 (IMO. 9705550) & Anr. Admiralty and Vice Admiralty Jurisdiction Interim Application(L) No. 112 of 2021 In Commercial Admiralty Suit(L) No. 4 of 2020

> HC judgment dated 2022-01-03. Citation: TCN-2022-HC-00067. Angre Port Private Ltd filed a Commercial Admiralty Suit against TAG 15 (IMO. 9705550) & Anr.,…

- **Court:** HC
- **Order date:** 3 Jan 2022
- **Citation:** TCN-2022-HC-00067
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/gauhati-high-court-kohima/angre-port-private-ltd-vs-tag-15-78b9b42f

## Summary

### Background

Angre Port Private Ltd filed a Commercial Admiralty Suit against TAG 15 (IMO. 9705550) & Anr., seeking a judgment and decree for Rs. 9,37,19,098/- along with interest. The suit arises from unpaid port charges, berth hire charges, penal berth hire charges, salvage charges, GST, and interest incurred while the vessel was berthed at the Plaintiff's port. The owners of the vessel, Tag Offshore Ltd., went into liquidation, and Mr. Sudip Bhattacharya was appointed as the liquidator and brought on record as Defendant No. 2. The Plaintiff filed an Interim Application seeking a summary judgment against the 1st Defendant Vessel.

## Facts

On February 13, 2019, the 1st Defendant Vessel entered the Plaintiff's Port and occupied berth space. The Plaintiff provided berthing services and raised invoices. On March 4, 2019, EXIM Bank Ltd, a secured creditor of Tag Offshore Ltd. (the vessel owner), initiated an admiralty suit against the vessel and obtained an arrest order. The vessel continued to incur berthing charges and port dues. On April 24, 2019, insolvency proceedings were initiated against Tag Offshore Ltd. Mr. Pramod Mulgund was appointed as the Interim Resolution Professional (IRP). On May 7, 2019, the crew abandoned the vessel. On May 30, 2019, the Committee of Creditors (CoC) appointed Mr. Sudip Bhattacharya as the Resolution Professional (RP). On June 16, 2019, the vessel drifted from its berth

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## Issues and analysis

### Issue 1: Whether the suit is maintainable in light of Section 33(5) of the IBC, 2016, considering the …

**Ratio:** Section 33(5) of the IBC prohibits the institution of a suit or other legal proceeding

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**Reasoning:** The court reasoned that an action in rem under the Admiralty Act is against the vessel

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**Interpretation:** The court interpreted Section 33(5) of the IBC as only prohibiting actions

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**Application:** The court applied this reasoning to the present case, holding that the

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## Parties

- **Judges:** B. P. COLAB…
- **Appellants:** Angre Port…
- **Respondents:** Tag Offsho…; TAG 15 (IMO.…

## Timeline

- **2019-02-13 — Vessel Ar…**: The 1st Defendant Vessel entered the…
- **2019-03-04 — Admiralty Suit by EXIM…**: EXIM Bank Ltd, a secured creditor of Tag Offshore Ltd., invoked the Admiralty…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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