The High Court dismissed a contempt petition by accepting an undertaking on record and clarifying its previous disposal of a related writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 CP No.15/2020 dtd. 09.03.20
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IN THE HIGH COURT OF BOMBAY AT GOA
CONTEMPT PETITION NO.15 OF 2020
IN
STAMP NUMBER MAIN NO.610 OF 2020
SNS MARINE SERVICE PVT.LTD.,
THR. ITS DIRECTOR,
CAPT. NIRANJAN KUMAR
BASAK AND ANOTHER..... Petitioners
Versus
CAPTAIN JAMES BRAGANZA
AND OTHERS..... Respondents
Mr. S. M. Singbal, Advocate for the Petitioners.
Mr. P. Arolkar, Addl. Government Advocate for the State.
Respondent No.1 present in person.
Coram:- M.S. SONAK &
SMT. M. S. JAWALKAR, JJ.
Date:- 9th March, 2020
P.C.:
Heard Mr. S. M. Singbal, Advocate for the Petitioners and Mr. P.
Arolkar, Additional Government Advocate for the respondents.
2.We have perused the affidavit filed by the Captain of Ports as
well as the Director of Tourism in this petition. Today, on behalf of
2 CP No.15/2020 dtd. 09.03.20
the Captain of Ports as well as the Director of Tourism, both of whom,
are incidentally present in the Court, a statement is made by the
learned Additional Government Advocate that the petitioners' vessel
will be permitted to berth on touch and go basis at the Captain of
Ports itself, since, there are some issues at the Tourism Jetty. A further
statement is made that if in future, the petitioners are required to shift
to the Tourism Jetty, then, a proper show cause notice will be issued to
the petitioners and the petitioners will be given opportunity to put
forth their cause. It is only after consideration of such cause that
decision will be taken in the matter by the appropriate authorities.
Further, we are informed that insofar as the Tourism Jetty is concerned,
the appropriate authority will be Jetty Management Committee.
3. By accepting the aforesaid statements we dispose of this contempt
petition. We also clarify that our order dated 18.02.2020 disposing of
Writ Petition bearing Stamp Number (Main) No.610/2020 which also
stands modified to the extent of the aforesaid statement now made
before us in this petition.
4. The contempt petition is disposed of in the aforesaid terms.
SMT. M. S. JAWALKAR, J. M. S. SONAK, J.
ss
SNS Marine Service Pvt. Ltd. Thr. Its Director Capt. Niranjan Kumar Basak
Captain James Braganza
M.S. Sonak
M. S. Jawalkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court