Bombay High Court
Nhava Sheva International Container ... vs Kevin Dsouza on 22 April, 2025
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
Digitally
2025:BHC-OS:7276-DB
signed by
SNEHA
SNEHA ABHAY
ABHAY DIXIT
DIXIT Date:
2025.04.28
20:31:14
+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.2954 OF 2012
1. Nhava Sheva International Container ]
Terminal Private Ltd. ]
2. Ahura Centre, Andheri, Mumbai ] .. Petitioners
Versus
1. The Union of India, ]
Through Ministry of Shipping ]
2. Tariff Authority of India of Major Ports, ]
Mazgaon, Mumbai ]
3. The Jawaharlal Nehru Port Authority, ]
Nariman Point, Mumbai ] .. Respondents
ALONG WITH
INTERIM APPLICATION NO.1893 OF 2024
NOTICE OF MOTION NO.384 OF 2015
Nhava Sheva International Container
Terminal Private Ltd. .. Applicant-Org. Petitioner No.1
Tariff Authority of India .. Applicant-Org. Respondent No.2
Mr. Gaurav Joshi, Senior Advocate, with Ms. Anshika Misra, Mr. Asadullah
Thangal and Mr. Dhaval Vora, Advocates, i/by AZB & Partners, for the
Petitioners and for Applicant in IA/1893/2024.
Mr. D.P. Singh with Mrs. S.V. Bharucha, Advocates for Respondent No.1.
Mr. S. Venkiteswaran, i/by Mr. V. Subramanian, Advocates for Respondent
No.2.
Mr. Saket Mone with Mr. Raghav Taneja, Advocates, i/by Vidhii Partners,
for Respondent No.3.
Ms. P.H. Kantharia, Government Pleader, with Mr. Mohit Jadhav,
Additional Government Pleader and Mr. Rakesh Phatak, Assistant
Government Pleader for the Respondent-State of Maharashtra.
CORAM : A.S. CHANDURKAR &
M.M. SATHAYE, JJ
DATE : 22ND APRIL 2025.
1/3
19-WP-2954-2012 & IA-1893-2024 NMW-384-2015.doc
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::: Uploaded on - 02/05/2025 ::: Downloaded on - 03/05/2025 06:29:48 :::
ORAL JUDGMENT : { Per A.S. Chandurkar, J. }
1. Rule. Rule made returnable forthwith and heard Mr. Gaurav Joshi,
learned Senior Advocate for the petitioners, Mr. D.P. Singh, learned
counsel for respondent no.1, Mr. S. Venkiteswaran, learned counsel for
respondent no.2, Mr. Saket Mone, learned counsel for respondent no.3
and Ms. P.H. Kantharia, learned Government Pleader for the respondent-
State of Maharashtra.
2. By this writ petition, the petitioners have sought a declaration that
Chapters VA and VI of the Major Port Trust Act, 1963 as well as the
impugned Notifications dated 31 st March 2005, 16th April 2010, 27th April
2011, 16th April 2012 and the 2005 Guidelines are ultra vires, null and
void. The orders dated 30th September 2008 and 14th February 2012
passed by the respondent no.2 are also challenged as being bad in law.
3. Interim Application No.1893 of 2024 has been filed by the
petitioners seeking disposal of the writ petition in view of the Settlement
Agreement dated 22nd May 2024 executed between the petitioner no.1 and
the respondent no.3. It has been stated that in conciliation proceedings
before the Conciliation and Settlement Committee, the said Settlement
Agreement was entered into. As per paragraph 44 of the said Settlement
Agreement, the writ petition could be disposed of on said terms.
19-WP-2954-2012 & IA-1893-2024 NMW-384-2015.doc
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4. Today it is informed that the Ministry of Ports, Shipping and
Waterways, Government of India has by communication dated 7 th April
2025 indicated its no objection to the closure of the present proceedings in
view of the communication dated 4 th April 2025 issued by the said
Ministry to the respondent no.3 through its Chairperson. The said
communication is taken on record and marked "A" for identification.
5. The petitioners contend that the Settlement Agreement resolves the
disputes pending since 2012. In view of the communication dated 4 th April
2025, the writ petition is disposed of in terms of the Settlement
Agreement dated 22nd May 2024. Rule is accordingly disposed of. Pending
Interim Application and Notice of Motion are also disposed of.
6. Needless to state that the interim orders stand vacated with the
disposal of the writ petition.
[ M.M. SATHAYE, J. ] [ A.S. CHANDURKAR, J. ]
19-WP-2954-2012 & IA-1893-2024 NMW-384-2015.doc
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