At, In the High Court of Bombay at Goa
By, THE HONOURABLE MR. JUSTICE S.A. BOBDE & THE HONOURABLE MR. JUSTICE N.A. BRITTO
For the Appellant : A. N. S. Nadkarni and H. D. Naik, Advocates. For the Respondent: V. B. Nadkarni, Senior Advocate with Y. V. Nadkarni, Advocate.
S.A. Bobde, J.
Rule, returnable forthwith. Heard by consent.
2. There is no dispute that the impugned communication dated 12.2.2008, addressed by the Respondent Port Trust by which the petitioners were directed to stop handling of coal/coke at the existing berth Nos. 10 and 11, is no more in force, vide the statement of one N. Vaiyapuri for the respondent No.1 that in view of the Respondent Board's resolution No.272 of 17/3/2008, the earlier impugned directions dated 12.2.2008 do not survive.
3. As regards the grievance of the petitioners that the Respondent Port Trust should be directed to allow them to continue the handling of coke/coal at the existing berth Nos. 10 and 11, it is clear that the respondents have resolved vide Resolution No. 272 of 17/3/2008, as follows :?RESOLVED FURTHER that the Board is also of the view that handling of Coke at Berth Nos. 10 and 11 can continue in accordance with the Secretary Shippings Order dated 15th December, 2005?.
4. Mr. Nadkarni, the learned Senior Counsel for the Respondent Port Trust states that the petitioners were not allowed berthing on the last occasion due to an apprehended law and order problem as stated in the affidavit. In any case, there is no any reason to assume that the problem persists.
5. We are, therefore, of the view that if the Petitioners are aggrieved by any action of the Respondent Port Trust, they would be at liberty to take appropriate action as may be advised. It is made clear that the R
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espondents would be bound to act in accordance with the Secretary Shippings Order dated 15th December, 2005 as resolved under Resolution No.272. Rule disposed of accordingly.