Laxmi Cranes & Trailers (P) Ltd vs Union Of India
2021 Latest Caselaw 15744 Ker

WP(C) No.3000/2010                             1/2

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                       THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
               Friday, the 30th day of July 2021 / 8th 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 judgment
   dated 29.07.2019 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) for R2 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                                 2/2




                                              ORDER

Learned counsel appearing for Cochin Port Trust submitted that, they have no objection in granting extension as is sought for in the I.A.

However, the bank guarantee offered by the petitioner expires on 19/2/2022, and if the petitioner is prepared to extend the bank guarantee up to the time period as is sought for in the I.A., Port Trust has no objection.

Respondent Port Trust is directed to place an affidavit before this Court narrating all those aspects.

Post on 6/8/2021.

30.07.2021

Sd/-

SHAJI P.CHALY

JUDGE

30-07-2021 /True Copy/ Assistant Registrar