Authority: High Court of Karnataka, Bengaluru

Order Date: 26 August 2021

Case Overview

  • Parties: Appellant M/S Aspinwall & Co. Ltd. (represented by authorized signatory M. Shekhara Pujari and counsel Sri Manu Kulkarni) vs Respondents Union of India (Ministry of Shipping), Chairman Tariff Authority for Major Ports, Chairman New Mangalore Port Trust (represented by advocates Sri Unnikrishnan M and Sri Subramanya R).
  • The appeal (Writ Appeal No.4424 of 2013) filed under Section 4 of the Karnataka High Court Act sought to set aside the order dated 28 June 2013 passed in Writ Petition No.34542 of 2011.
  • Counsel for the appellant argued that due to the efflux of time the issue was academic, but requested that the matter be kept open for future agitations if any pending proceedings arise.
  • The bench comprised Justice Alok Aradhe and Justice Hemant Chandangoudar.

Final Outcome

  • The Court granted the liberty to keep the issue open for future agitations but disposed of the appeal without granting any substantive relief, effectively dismissing the appellant's request to set aside the 2013 order.

Topics: Port Tariff Litigation, Court Dismissal