This writ appeal was heard jointly with the underlying writ petition. The court observed that due to efflux of time, the substantive issue in the appeal has become academic and kept it open for future agitation. The appeal was disposed of accordingly.
The appeal was disposed of and the issue was kept open for future agitation.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF AUGUST 2021
PRESENT
THE HON’BLE MR. JUSTICE ALOK ARADHE
AND
THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR
WRIT APPEAL NO.4424 OF 2013 (GM-RES)
IN
WRIT PETITION NO.34542 OF 2011 (GM-RES)
BETWEEN:
M/S ASPINWALL & CO. LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT KULSHEKAR, MANGALORE 575005 REP. BY ITS AUTHORIZED SIGNATORY SRI. M. SHEKHARA PUJARI. ...APPELLANT (BY SRI MANU KULKARNI, ADVOCATE)
AND:
2
PANAMBUR, MANGALORE-575010. ...RESPONDENTS
(BY SRI UNNIKRISHNAN M, SR.CGC FOR R1 AND R2 - ABSENT SRI SUBRAMANYA R FOR M/S ASHOK HARAHANNALI ASSTS, ADVOCATE FOR R3 - ABSENT)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 34542/2011 DATED 28/6/13.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, ALOK ARADHE J ., DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellant submitted that
on account of efflux of time, the issue involved in this appeal is rendered academic. However, it is made clear that the issue involved in this appeal is kept open to be agitated as and when occasion arises including the pending proceedings, if any.
with the aforesaid liberty, the appeal is disposed of.
BKM
M/S ASPINWALL & CO. LTD.
UNION OF INDIA
THE CHAIRMAN, TARIFF AUTHORITY FOR MAJOR PORTS
THE CHAIRMAN, NEW MANGALORE PORT TRUST
Alok Aradhe
Hemant Chandangoudar
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
