IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.287 OF 2026
(VALMIKI MENEZES & AMIT S. JAMSANDEKAR, JJ.)
Disposed on 21.04.2026
SPRING CO. LTD., … PETITIONER
VERSUS
STATE OF GOA AND ORS. … RESPONDENT
The Inland Vessels Act, 2021 – Section 32 – Direction to the Captain of Ports, Goa, to decide the Petitioner’s application under Section 32 within a period of one week from today and pass appropriate orders, considering that there is no impediment for the grant of the same as contended by the Danaos Ship Management Private Limited.
FACTS
The Vessel namely “MV ‘Sikha” was arrested on 22.02.2023 under orders of the High Court Division of the Supreme Court of Bangladesh at jetty of Shah Cement Factory, Muktarpur, Munshiganj. The arrest order was issued since the Respondent No. 3 claimed that the original owners of the Vessel owed Respondent No. 3 certain sums of money which was due and payable.
Pursuant to the arrest order, the High Court Division of the Supreme Court of Bangladesh vide order dated 27.08.2024, with the consent of Respondent No. 3, directed sale of the vessel in an auction, which ultimately came to be purchased by the Petitioner, who was the highest bidder. The sale came to be confirmed by the order of the High Court Division of the Supreme Court of Bangladesh dated 04.12.2024, and a Writ of Delivery of Possession to that effect was issued in favour of the Petitioner by the said Court on 05.05.2025. The sale certificate was issued in favour of the Petitioner with respect to the said Vessel on 10.12.2025 pursuant to which the Vessel sailed out of the jurisdiction of the High Court Division of the Supreme Court of Bangladesh.
Since the Vessel was registered under the Indian flag at the relevant time the Petitioner sought to transfer the registration to the Non-Indian flag. The Petitioner filed application under Section 32 of the Inland Vessels Act, 2021, before the Captain of Ports at Goa, the Authority with whom the Vessel was registered, to seek cancellation of the registration under Section 32 with a view to transfer the registration to a Non-Indian Flag. The application was kept pending in view of objections by the Respondent No. 3.
Held:
In the light of these specific orders passed by the High Court Division of the Supreme Court of Bangladesh and merely on an apprehension that the reliefs, if granted in this petition would jeopardise the case of the Respondent No.3 in seeking to challenge the auction, cannot be countenanced and would not come in our way to pass directions to the Captain of Ports, who is Respondent No. 2 to consider the application under Section 32 of the Inland Vessels Act, 2021, and grant the same within a specified period.
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