Authority: High Court of Karnataka at Bengaluru
Order Date: 26 August 2021
Case Overview
- Parties: Appellant – M/S Delta Infralogistics (Worldwide) Limited, a company registered under the Companies Act 1956, represented by its Managing Director Sri Ahamed Mohiuddin (approximately 53 years old). Respondents – 1) Union of India, Ministry of Shipping; 2) Chairman, Tariff Authority for Major Ports; 3) Chairman, New Mangalore Port Trust.
- Nature of Proceeding: Writ Appeal No. 4490 of 2013 (GM‑RES) filed under Section 4 of the Karnataka High Court Act, seeking to set aside the order passed in Writ Petition Nos. 34865 & 34866 of 2011 dated 28 June 2013.
- Background: The original writ petitions pertained to matters involving the appellant and the port authorities/Ministry of Shipping. The appellant contended that, owing to the passage of time (efflux of time), the issues had become academic, but requested that the matter be kept open for future agitation if any pending proceedings arise.
- Counsel’s Submissions: The appellant’s counsel emphasized the academic nature of the dispute due to delay and asked the Court to retain the issue for possible future litigation.
Final Outcome
- The Court, after considering the submissions, disposed of the appeal without granting the relief sought. No order was made to set aside the earlier order dated 28 June 2013; consequently, the original order remains in force.
Topics: Legal Judgment, Port Regulation