Laxmi Cranes & Trailers (P) Ltd vs Union Of India
2021 Latest Caselaw 17208 Ker

WP(C) No.3000/2010                          1/3

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
                 Friday, the 13th day of August 2021 / 22nd Sravana, 1943

                         IA.NO.1/2021 IN WP(C) NO. 3000 OF 2010

PETITIONER/PETITIONER:

        LAXMI CRANES & TRAILERS (P) LTD.,

        BLDG.NO.VII/602 A, KUNDANNOOR JUNCTION,

        MARADU, COCHIN


   RESPONDENTS/RESPONDENTS:




          1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF SHIPPING,

          NEW DELHI.

          2. COCHIN PORT TRUST, WILLINGDON ISLAND, COCHIN, REPRESENTED BY ITS

          CHAIRMAN.

          3. DEPUTY CONSERVATOR, COCHIN PORT TRUST, WILLINGDON ISLAND, COCHIN.

          4. COMMISSIONER OF CUSTOMS, WILLINGDON ISLAND, COCHIN.

          5. DEA SHIPPING & FORWARDING, MAJURO STREET 4020, MARSHALL ISLAND.




        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to extend the time
   stipulated in the Judgment dated 29.07.2019 in WP(C)NO.3000/2010 by
   granting two additional operational seasons, starting from February 2022
   to May 2023, from today to complete the entire salvaging operations.

        This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof, and this Court's judgement
   dated 29.07.2019 and order dated 30.07.2021 and upon hearing the arguments
   of M/S.R.VINU RAJ & ENOCH DAVID SIMON JOEL, Advocates for the petitioner
   in I.A./WP(C), SRI.P.VIJAYAKUMAR, ASSISTANT SOLICITOR GENERAL OF INDIA for
   R1 in I.A/WP(C), SRI.K.ANAND (SENIOR ADVOCATE) along with SMT LATHA
   KRISHNAN for R2 and R3 in I.A./WP(C) and of SRI.P.R.SREEJITH, STANDING
   COUNSEL for R4 in I.A./WP(C), the court passed the following:
 WP(C) No.3000/2010                                2/3

                                         SHAJI P. CHALY, J

                         -------------------------------------------------------
                                           I.A.No.1 of 2021
                                                   in
                                      W.P.(C) No.3000 of 2010
                        ---------------------------------------------------------
                              Dated this the 13th day of August, 2021

                                                ORDER

This application is filed by the petitioner seeking to extend the

time limit stipulated in the judgment dated 29/07/2019 in W.P.(C)

No.3000/2010, by granting two additional operational seasons starting

from February 2022 to May 2023 to complete the entire salvaging

operations. On the basis of the directions issued by this Court, Deputy

Conservator of Cochin Port Trust, has filed an affidavit dated 2 nd August,

2021, wherein at paragraph 7 it is stated as follows:

"7. It is also be noted that the status of the salvage operation has not improved from 2019 and has remained unchanged till date. In the aforesaid circumstances it is absolutely essential that Cochin Port Trust is provided sufficient security in order to ensure that the petitioner completes salvage operation. Therefore the extension of time can be granted only if the petitioner undertakes that he would extend the bank guarantee and keep it valid till the salvage operation is complete to the satisfaction of Cochin Port Trust."

2. Taking into account the rival submissions made before this

Court, the time is extended as is sought for by the petitioner in the

interlocutory application, on condition that, the bank guarantee is kept WP(C) No.3000/2010 3/3

valid till the salvage operation is complete to the satisfaction of the Cochin

Port Trust.

I.A. is allowed as above.

Sd/-

                                                            SHAJI P. CHALY,
             smv                                               JUDGE




13-08-2021                          /True Copy/                               Assistant Registrar