Disposed

Marmagoa Steel Limited, through Mr. C. N. Venkatesh Joint General Manager and Anr. v. the Board of Trustees, Mormugao Port Trust

Bombay HC16 Jan 2007CA/11/2007

Case brief

AI extract

What is this about?

Two connected writ petitions involving discharge operations at Mooring Dolphin were disposed of in common. The court allowed immediate discharge, allocated specific berths, and set timelines for removing goods to facilitate port traffic.

What did the court decide?

Permission to undertake discharge operations immediately; allotment of Mooring Dolphin berth; access to Berth 7 upon vacancy; 24-hour deadline for occupier of Berth 11.

Marmagoa Steel Limited, through Mr. C. N. Venkatesh… — Service and Employment | Bombay HC (2007)

¶1

IN THE HIGH COURT OF BOMBAY AT GOA

¶2

CIVIL APPLICATION NO. 11 OF 2007

¶3

¶4

WRIT PETITION NO. 8 OF 2007

¶5

MARMAGOA STEEL LIMITED, THROUGH MR. C. N. VENKATESH JOINT GENERAL MANAGER AND ANR

¶6

....Applicants

¶7

Versus

¶8

THE BOARD OF TRUSTEES, MORMUGAO PORT TRUST

¶9

....Respondent

¶10

Mr. A. N. S. Nadkarni with Mr.D. Lawande and Mr. S. Kamat, Advocates for the Applicant.

¶11

Mr. V. B. Nadkarni, Senior Advocate with Mr. Y. V. Nadkarni, Advocate for the Respondent.

¶12

Coram:S.K. SHAH & N. A. BRITTO, JJ.

¶13

Date:16th January, 2007

¶14

P.C.:-

¶15

Heard the learned Counsel on both sides and also the learned Counsel in Writ Petition No.12/2007.

¶16

We are disposing of both these Writ Petitions as well as the Civil Application by this common order.

¶17

We are informed that the petitioners in Writ Petition No.12/2007 are carrying on discharge operations at the Mooring Dolphin. They are awaiting in a queue to get berth either 10 or 11. The learned Counsel representing the respondent/Port Trust on instructions from the Traffic Manager who is present in Court states that M. V. Nicholas which is at berth No.11 is likely to sail off from that berth by 19th instant and further states that thereafter the petitioners in Writ Petition No.12/2007 are likely

¶18

to get the berth vacated by Nicholas.

¶19

We are also informed that berth No.10 is not likely to be available for long as it would be occupied by the passenger ship and thereafter by a fertilizer ship which is given priority as per instructions from the Central Government.

¶20

In this situation, the following order would meet the ends of justice between the parties. The petitioners in Writ Petition No.8/2007 are allowed to undertake discharge operation by allotting them the berth at Mooring Dolphin by 3 p.m. today or if possible way before that. Thereupon the petitioners in Writ Petition No.8/2007 shall be allowed to discharge the cargo into the barges. The barges should be allowed to be taken to berth No.7 after it falls vacant after the petitioners in Writ Petition No.12/2007 remove the goods after they get berth No.11. The petitioners in Writ Petition No.12/2007 shall remove the goods within 24 hours of their getting berth No.11. The learned Counsel representing the petitioners in Writ Petition No.8/2007 states that they would require space at berth No.7 for about 6 days for clearing the barges and taking the goods directly from the space made available at berth No.7. The learned Counsel representing the petitioners in Writ Petition No.8/2007 undertakes to clear the space alloted at berth No.7 within a period of 6 days from the date the space is made available and they start the discharge operation.

¶21

Liberty would be available to the petitioners in Writ Petition No.8/2007 to adopt any alternative mode for discharge of barges instead of at berth No.7. In case the petitioners in Writ Petition No.8/2007 adopt any alternative mode as stated earlier they should immediately inform the Port Authorities. The learned Counsel after taking instructions from the Traffic Manager states that they will make every effort to call the ship before 2 p.m. to berth at Mooring Dolphin.

¶22

N. A. BRITTO, J.

¶23

RD.

Marmagoa Steel Limited, through Mr. C. N. Venkatesh Joint General Manager and Anr. v. the Board of Trustees, Mormugao Port Trust

Case brief

What is this about?

What did the court decide?

Marmagoa Steel Limited, through Mr. C. N. Venkatesh Joint General Manager and Anr. v. the Board of Trustees, Mormugao Port Trust

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Vassudev N. Kamat Dalal Vs State of Goa through the Secretary (Revenue) and Anr.

Shri Ramdas Thanu Dessai and 57 Ors., Vs State of Goa, through Its Chief Secretary and 5 Ors.

Addl. Collector of Goa and Anr., Vs Ernesto Dos Merces Carvalho (Since Dec.) through His L.Rs. and Ors.

M/S Parwani Builders, Nagpur. Vs Konkan Railway Corporation Ltd.,and 2 Anr.

M/S Parwani Builders,Nagpur. Vs Konkan Railway Corporation Ltd., and 2 Ors.

Shri Rawalnath Sambhaji Pednekar, Baina Goa. Vs Shri Jainath Pal and Ors.