Dismissed

Petroliv Petroleums (Angels Group) v. Cochin Port Trust

Kerala HC13 Jul 2022WP(C)/16170/2022

Case brief

AI extract

What is this about?

The Kerala High Court acknowledged substantial factual disputes requiring civil forum adjudication. It ordered closure of the writ petition, leaving remedies with the civil court, while extending an interim order for three weeks to provide breathing time.

What did the court decide?

The writ petition is closed with the remedy of approaching the Civil Court left open; interim order continued for three weeks.

Petroliv Petroleums (Angels Group) Vs Cochin Port Trust — Service and Employment | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

WEDNESDAY, THE 13^TH DAY OF JULY 2022 / 22ND ASHADHA, 1944

¶5

WP(C) NO. 16170 OF 2022

¶6

PETITIONER:

¶7

PETROLIV PETROLEUMS (ANGELS GROUP) ERIKKULAM, DOOR NO.XII/33, BANGALAM, NILESWAR, KASARGOD-671314, REPRESENTED BY ITS MANAGING PARTNER.

¶8

BY ADV V.KRISHNA MENON

¶9

RESPONDENTS:

¶10

1 COCHIN PORT TRUST

¶11

OFFICE OF THE DEPUTY CONSERVATOR, WILLINGDON ISLAND, KOCHI-682009, REPRESENTED BY THE DEPUTY CONSERVATOR.

¶12

2 CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS, OFFICE OF THE COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, WILLINGDON ISLAND, KOCHI-682009, REPRESENTED BY ITS COMMISSIONER.

¶13

3 KERALA STATE POLLUTION CONTROL BOARD GANDHI NAGAR, KOCHI-682020, REPRESENTED BY ITS CHIEF ENVIRONMENTAL ENGINEER

¶14

4 AVATAR PETROCHEMICALS PVT LTD. AVANT BUILDING, OPPOSITE RAILWAY STATION, WILLINGDON ISLAND, KOCHI-682003, REPRESENTED BY

¶15

ITS MANAGING DIRECTOR.

¶16

5 HHA TANK TERMINAL

¶17

INDIRA GANDHI ROAD, WILLINGDON ISLAND, KOCHI-682003, REPRESENTED BY ITS MANAGER.

¶18

6 ADDL.R6 BC PETROENERGY DMCC, UNIT NO. 319-B, NEW SAMARI RETAIL, RAS AL KHOR INDUSTRIAL AREA 3, DUBAI, UNITED ARAB EMIRATES 123291 REPRESENTED BY THEIR RESIDENT REPRESENTATIVE AT COCHIN JOSEPH ANTONY AKHIL, AGED 30 YEARS, S/O. DAVIS S.V, HAVING HIS RESIDENCE AT SRAMBICAL HOUSE, ELOOR NORTH, UDYOGAMANDAL P.O, ERNAKULAM 683 501.

¶19

[ADDL.R6 IS IMPLEADED AS PER ORDER DATED 21/06/2022 IN

¶20

I.A.NO:1/22 IN WP(C) 16170/2022]

¶21

BY ADVS. M.GOPIKRISHNAN NAMBIAR THANUJA ROSHAN S.SURESH BABU (CHERUNNIYOOR) K.NATRAJ

¶22

WP(C) NO. 16170 OF 2022

¶23

¶24

PHILIP T.VARGHESE P.DEEPAK SIVANKUTTY S. BIJU JOSEPH K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN THOMAS VARGHESE.K ACHU SUBHA ABRAHAM

¶25

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶26

WP(C) NO. 16170 OF 2022

¶27

¶28

JUDGMENT

¶29

Dated this the 13^th day of July, 2022

¶30

Having heard the learned Counsel on either side

¶31

at length, I find that a lot of factual disputes are involved, which cannot be resolved in a proceedings under Article 226.

¶32

Hence, the writ petition is closed, leaving open the petitioner’s remedy of approaching the Civil Court.

¶33

In order to provide a breathing time for the petitioner to seek such remedy, the interim order shall continue to be in force, for a period of three weeks. I make it clear that the interim order is continued, since the writ petition was pending before this Court for sometime. Continuance of the order has nothing to do with the merits of the contentions raised by the parties.

Ordered accordingly.

Sd/-

V.G.ARUN

JUDGE

NB/13-7

WP(C) NO. 16170 OF 2022

¶40

¶41

APPENDIX OF WP(C) 16170/2022

¶42

PETITIONERS’ EXHIBITS

¶43

EXHIBIT P1	TRUE COPY OF THE AUTHORIZATION ISSUED BY THE FIRST RESPONDENT DATED 24.11.2021.
EXHIBIT P2	TRUE COPY OF THE AUTHORIZATION ISSUED BY THE SECOND RESPONDENT DATED 14.02.2022.
EXHIBIT P3	TRUE COPY OF THE CONSENT TO OPERATE AS RENEWED IN 2019 DATED 27.03.2019 AND ISSUED BY THE THIRD RESPONDENT.
EXHIBIT P4	TRUE COPY OF THE AUTHORIZATION ISSUED BY THE FOURTH RESPONDENT DATED 16.04.2022.
EXHIBIT P5	TRUE COPY OF THE AUTHORIZATION ISSUED BY THE SECOND RESPONDENT AS ENDORSED ON THE REPRESENTATION DATED 13.04.2022.
EXHIBIT P6	TRUE COPY OF THE LETTER DATED 28.04.2022 ADDRESSED TO THE FIFTH RESPONDENT.
EXHIBIT P7	TRUE COPY OF THE BILL OF ENTRY FOR CLEARANCE OF THE GOODS TO THE SECOND RESPONDENT.
EXHIBIT P8	TRUE COPY OF THE E-RECEIPT ACKNOWLEDGING RECEIPT TO THE AMOUNT TOWARDS DUTY.
EXHIBIT P9	TRUE COPY OF THE LAWYER NOTICE DATED 13.05.2022 SENT ON BEHALF OF THE PETITIONER TO THE FOURTH RESPONDENT.
EXHIBIT P10	TRUE COPY OF THE EMAIL DATED 14.05.2022 SENT BY THE PETITIONER TO THE FIFTH RESPONDENT.
EXHIBIT P11	TRUE COPY OF THE EMAIL DATED 17.05.2022 SENT BY THE PETITIONER TO THE THIRD RESPONDENT.
EXHIBIT P12	COPY OF E-MAIL SENT BY PETITIONER TO THE MASTER OF THE SHIP M.V.GLOBAL HARMONY ON 12.04.2022
EXHIBIT P13	COPY OF THE LETTER DATED 13.04.2022 SENT BY THE SHIPPING AGENT, MBK LOGISTIX PVT.LTD. ALONG WITH THE COPY OF THE COMMUNICATION RECEIVED BY IT FROM THE MASTER OF THE SHIP M.V. GLOBAL HARMONY
EXHIBIT P14	COPY OF THE VOYAGE MEMO ISSUED TO THE SHIPPING AGENT AND MADE AVAILABLE TO THE PETITIONER BY THE SHIPPING AGENT.
EXHIBIT P15	COPY OF THE SHORE OUT TURN DETAILS AS PROVIDED BY THE AZHIMUTH SHIP AND MARINE SURVEYORS DATED 16.4.2022.
EXHIBIT P16	TRUE COPY OF THE LETTER OF RESIGNATION DATED 01.09.2020 ISSUED BY SRI.SUNIL MATHEW
EXHIBIT P17	TRUE COPY OF THE PARTNERSHIP DEED DATED 09.12.2020
EXHIBIT P18	TRUE COPY OF THE ACKNOWLEDGMENT DATED 11.01.2021 ISSUED BY THE REGISTRAR OF FIRMS.
EXHIBIT P19	TRUE COPY OF THE COMPLAINT DATED 01.06.2022

¶44

WP(C) NO. 16170 OF 2022

¶45

¶46

EXHIBIT P20	TRUE COPY OF THE REPLY DATED 16.06.2022 OF THE REGISTRAR OF FIRMS.
EXHIBIT P21	TRUE COPY OF THE CERTIFICATE ISSUED BY THE
	UNION BANK OF INDIA, NILESHWAR BRANCH DATED
	05.07.2022

¶47

RESPOND EXHIBIT	ENTS R4	’ EXHIBITS A	TRUE OF SH	COPY IP.	OF	COMMUNICATION 07.04.2022 BY MASTER
EXHIBIT	R4	B	TRUE DMCC	COPY & AVA	OF TA	AGREEMENT BETWEEN BC PETROENERGY R PETROCHEMICALS 05.04.2022
EXHIBIT	R4	C	TRUE AVATA	COPY R PET	OF RO	WORK ORDER 12.04.2022 ISSUED BY CHEMICALS
EXHIBIT	R4	D	TRUE SHIPP	COPY ING A	OF ND	INVOICES FOR BARGE OF SHYNY LOGISTICS PVT. LTD.
EXHIBIT	R4	E	TRUE	COPY	OF	INVOICES FOR HHA TANK.
EXHIBIT	R4	F	TRUE AND P	COPY AID C	OF US	BILL OF ENTRY FOR HOME CONSUMPTION TOMS DUTY BY AVATAR PETROCHEMICALS.
EXHIBIT	R4	G	TRUE PETRO 24.05	COPY CHEMI .2022	OF CA	COMPLIANT MADE BY AVATAR LS FILED BEFORE THE POLICE
EXHIBIT	R4	H	TRUE KERAL	COPY A POL	OF LU	THE AUTHORIZATION ISSUED BY TION CONTROL LICENSE DATED 2.6.2022
EXHIBIT	R4	I	TRUE NADU 5.4.2	COPY POLLU 022	OF TI	CONSENT TO OPERATE BY THE TAMIL ON CONTROL BARD LICENSE DATED
EXHIBIT	R4	J	TRUE COCHI	COPY N POR	OF T	THE AUTHORIZATION ISSUED BY THE TRUST DATED 3.6.2022
EXHIBIT	R4	K	TRUE CENTR 10.6.	COPY AL BO 2022	OF AR	THE PERMISSION LETTER OF THE D OF INDIRECT TAXES LICENSE DATED
EXHIBIT	R4	L	TRUE 20.5.	COPY 2022	OF	CERTIFICATE BY MOL TO WFS DATED
EXHIBIT	R4	M	TRUE MBK D	COPY ATED	OF 13	MAIL BY JAGADAMBIKA SHAHI, WFS TO .5.2022 .
EXHIBIT	R4	N	TRUE DATED	COPY 6.4.	OF 20	MAIL FROM MASTER OF GLOBAL HARMONY 22.
EXHIBIT	R4	O	TRUE	COPY	OF	MAIL VSPL MR.DITTO DATED 7.4.2022.
EXHIBIT	R4	P	TRUE 8.4.2	COPY 022	OF	REQUEST OF MBK LOGISTIX LTD. DATED
EXHIBIT	R4	Q	TRUE 8.4.2	COPY 022	OF	MAIL OF JAGADAMBIKA SHAHI DATED
EXHIBIT	R4	R	TRUE 11.4.	COPY 2022	OF	MAIL OF JAGADAMBIKA SHAHI DATED
EXHIBIT	R4	S	TRUE DATED	COPY 12.4	OF .2	MAIL FROM MASTER OF GLOBAL HARMONY 022.
EXHIBIT EXHIBIT	R4 R4	T U	TRUE PVT.L TRUE	COPY TD. T COPY	OF O OF	MAIL OF AVATAR PETRO CHEMICALS MBK DATED 13.4.2022. BILL NO.PP/2022-23/03 OF PETROLIV

¶48

WP(C) NO. 16170 OF 2022

¶49

¶50

	PETROLEUMS DATED 16.4.2022
EXHIBIT R4 V	TRUE COPY OF BILL OF PETROLIV PETROLEUMS DATED 20.4.2022
EXHIBIT R4 W	TRUE COPY OF DOMESTIC PAYMENT REFERENCE NO.DBSSR52022042953244153 DATED 29.4.2022
EXHIBIT R4 X	TRUE COPY OF PETITION FILED BEFORE BINANIPURAM S.H.O. DATED 17.6.2022 BY SUNIL MATHEW PHILIP.
EXHIBIT R6	TRUE COPY OF THE TRADING LICENCE ISSUED TO THE 6TH RESPONDENT BY THE GOVERNMENT OF DUBAI DATED 23.03.2016
EXHIBIT R6(A)	TRUE COPY OF THE LETTER ISSUED BY M/S. WORLD FUEL SERVICES (SINGAPORE) PTE LTD DATED 23.05.2022
EXHIBIT R6(B)	TRUE COPY OF THE EXTRACT FROM THE REGISTRAR OF FIRMS AS REGARDS THE FIRM 'ANGELS GROUP' DATED 18.05.2022
EXHIBIT R6(C)	TRUE COPY OF THE E-AUCTION SALE NOTICE ISSUED BY THE UNION BANK OF INDIA DATED 13.03.2020

¶51

TRUE COPY

¶52

P.A. TO JUDGE

Petroliv Petroleums (Angels Group) v. Cochin Port Trust

Case brief

What is this about?

What did the court decide?

Petroliv Petroleums (Angels Group) v. Cochin Port Trust

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Rincy Venu Vs State of Kerala

Ruby v P Vs the Deputy Tahsildar (R. R.)

Marysadan Projects Pvt. Ltd., Vs the State of Kerala

Joshy Mathew Vs State of Kerala

Reji Cherian Jacob, Vs the District Collector

Simi G. Nair Vs Syam Sundar IPS