As per case facts, a vessel named "M.V.Island Pride" became unseaworthy and was docked at Chennai Port. Its previous owner received a significant waiver on port charges. The defendant purchased ... the vessel for scrapping and sought similar waiver and permission to dismantle it within the port, which the plaintiff denied. After the defendant's attempts to tow or scrap the vessel failed and writ petitions were withdrawn, the plaintiff sold the vessel via auction to a third party at a lower price than the total accumulated charges. The plaintiff then sued the defendant for the remaining port charges. The question arose whether the plaintiff was entitled to claim these berth hire charges from the defendant given its actions. Finally, the High Court held that the plaintiff's delay in acting and its decision to sell the vessel to a third party for a price below the pending dues amounted to a constructive waiver of the remaining charges. Therefore, both the plaintiff's suit and the defendant's counter-claim were dismissed.