As the city’s first floating restaurant sunk due to several compliance issues, the owners had accused the consultant it hired for management for failure to perform its duties, while the consultant had accused the owner firm for failure to clear their dues.
The battle has landed in the court, after the owners filed an FIR with Sewree police station against the consultant KNK Ship Management of Captain Naresh Kalra and others for theft.
The Bombay Port Trust (MbPT) had issued a tender for running a floating restaurant which was won by Thirani Industries of Delhi. The firm had hired KNK Ship Management as agent to manage the import of two vessels, to obtain requisite permissions and to manage marine aspects. Accordingly, vessels were imported and they were named as Sea Yah and Neverland. The restaurants were launched in 2018.
The issues began in February 2021, when the customs department issued notice to Thirani Industries for Rs9.03 crore. The owners claimed that KNK did not perform its duty diligently, therefore show cause notice was issued and later the vessels were seized in November 2020.
Besides, in May 2022 the Deputy Conservator MbPT gave an ultimatum to M/s Shripriya Dalmia Thirani, Thirani Industries and Kiran Resources Pvt (firms collective owner of the vessels) for shifting the vessels and KNK was asked to shift the vessels to Haji Bundar by May 13, 2022.
It is claimed that Mridul Thirani of Thirani Industries had gone to inspect the vessels in January 2023, found that movables and separable parts from the vessels worth Rs6.09 crore were missing.
Karla claimed that the scope of the work as per the agreement between Thirani Industries and KNK did not include the security aspect of the vessels.
The police claimed that there is material to show that KNK used services of a vessel to carry the movables and separable articles from the said two vessels. There is misappropriation of articles worth Rs7 crore, which are stolen by Karla.
The court while rejecting the anticipatory bail plea of Karla, observed that prima facie it appears that the owners of Thirani Industries were aware that the vessels were shifted to Haji Bunder by KNK on May 13, 2022.
Further the court said, there is a dispute between them about payment of agency charges by Thirani Industries to KNK Ship Management for which proceeding before NCLAT seems to be pending. It is claimed by KNK Ship Management that Thirani Industries committed a default of Rs2.25 crore.
However, even after May 13, 2022, the employees of KNK Ship Management were present on the vessels for a few months. Therefore, prima facie offence of criminal misappropriation is made out. “prima facie active role is attributed in the offence to the applicant and he seems to be the beneficiary, who received the misappropriated articles. It is claimed that the value of misappropriated articles is more than Rs.6 crores. There is prima facie complicity of the applicant in the offence, ” the court said while rejecting Kalra’s plea.
