JUDGMENT - ParekH N.K., J.: - This is a Notice of Motion taken out by the plaintiff inter alia for a direction that his claim may be paid up out of the sale proceeds in the first instance and before any other claims are paid out therefrom. The Notice of Motion is resisted by the Board of Trustees of the port of Bombay . 2. At the hearing of this matter, the plaintiff's Advocate has urged that section 64 of the Major Port Trusts Act, 1963, inter alia provides that if moneys are due and payable in connection with a ship to the port trust, it would be open to the port trust authorities to attach the vessel and put up the vessel for sale after five days of such an attachment. That in this case the distress or arrest of the vessel had taken place as far back as 1983, but the port trust authorities did nothing thereafter till 1985. That the port trust not having done anything after the five days of the distress or arrest of the vessel and/or otherwise not having sold it within a reasonable period, cannot now after a long lapse of time come forward and make a claim for the entire period of 1984-1985 and claim a priority over all other claims more particularly over the claims of the plaintiff who is a crew member and who has a lien on the sale proceeds in respect of his claim. That in the circumstances the plaintiffs claim must be paid off in the first instance and the port trust would be welcome to take away the balance if any towards their dues. In other words, the plaintiff's claim must have a priority over the claim of the port trust. 3. I am unable to accept this contention. Section 64 of the Major Port Trusts Act, 1963, permits the port trust to arrest the ship for its dues which admittedly they have done in this case. In other words, the plaintiff's claim must have a priority over the claim of the port trust. 3. I am unable to accept this contention. Section 64 of the Major Port Trusts Act, 1963, permits the port trust to arrest the ship for its dues which admittedly they have done in this case. It is true that section 64 provides that the port trust after five days of distress or arrest can sell the ship and in this case the port trust have not done so till 1985, but there is nothing provided in the Act that if the port trust does not sell the ship after the said five days or within a reasonable time thereafter they would be disentitled to make a claim for the period thereafter. The port trust authorities have statutory right of detention and sale and this must stand in priority to all other claims against the vessel. Such is the distinctiveness and superiority of these statutory rights not they cannot properly be considered as falling within the province of priorities. In the view of the matter, the plaintiff's plea must clearly be negatived. The Notice of Motion is dismissed. There will, however, be no order as to costs. The Sheriff will pay the port trust dues out of the sale proceeds albeit after deducting his costs, charges and expenses. Payment not to b made for a period of one week from today. Motion dismissed. -----