Kerala High Court
Clashmore Holding Ltd vs Board Trustee Port Of Cochin on 5 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
W.P.(C) NO.12392 OF 2011
PETITIONER:
CLASHMORE HOLDING LTD.,
3rd FLOOR, MEADOWS HOUSE,
20 QUEEN STREET, LONDON W 1 J P R,
REPRESENTED BY ITS AUTHORISED SIGNATORY,
MR.VIJAY HARISH CHANDRA LALLA.
BY ADVS.
SRI.K.P.DANDAPANI (SR.)
SRI.MILLU DANDAPANI
RESPONDENTS:
1 BOARD OF TRUSTEES PORT OF COCHIN,
A MAJOR PORT, CONSTITUTED UNDER THE MAJOR
PORT TRUST ACT, HAVING ITS OFFICE
AT WILLINGTON ISLAND, COCHIN-682 001,
REPRESENTED BY ITS CHAIRMAN,
SHRI.PAUL ANTONY.
2 M/S.JAISU SHIPPING COMPANY PRIVATE LIMTED,
A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956,
HAVING ITS REGISTERED OFFICE
AT KEWAL REMANY HOUSE, DINSHAW BUILDING ROAD,
NEDAR CUSTOM HOUSE, KANDLA PORT,
GUJARAT-370 220
AND BRANCH OFFICE AT LINK HORIZON,
MARINE DRIVE, ERNAKULAM,
KOCHI-682 031.
3 THE COMMISSIONER OF CUSTOMS,
COCHIN CUSTOM HOUSE,
NORTH END,
WILLINGDON ISLAND,
COCHIN-682 009.
W.P.(C) NO.12392 OF 2011
-2-
BY ADVS.SRI.V.ABRAHAM MARKOS
SRI.P.B.AJOY
SRI.ABRAHAM JOSEPH MARKOS
SRI.BINU MATHEW
SRI.ISAAC THOMAS
SRI.G.SHRIKUMAR
SRI.TOM THOMAS KAKKUZHIYIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) NO.12392 OF 2011
-3-
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.12392 of 2011
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Dated this the 5th day of November, 2021
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JUDGMENT
The above writ petition is filed with the following prayers:
"i) issue a writ of mandamus or any other appropriate
writ, order or direction, commanding the 1st respondent to
release the petitioner's Vessels from Cochin Port,
ii) issue a writ of mandamus, or any other appropriate
writ, or order, permitting the petitioner to take the Vessels
from Cochin Shore,
iii) such other appropriate writ, order or direction as this
Honourable Court may deem fit and proper in the facts
and circumstances of this case."
2. This Court passed an interim order on 03.05.2011 by
which the Cochin Port Trust was directed to issue necessary
certificates or permission to the petitioner to enable the petitioner
to take dredgers "Kamal XXXV" and "Kamal XXXVI" out of Cochin
Port expeditiously and in any event within one week from the date
on which the petitioner produces a copy of that order before the
Chairman of the Cochin Port Trust.
Today when the matter came up for consideration, the
W.P.(C) NO.12392 OF 2011
counsel who is appearing for the 3 rd respondent submitted that
both vessels were given clearance on 19.05.2011 and both
vessels left the place and proceeded to Colombo. The counsel for
the petitioner submitted that he was not able to contact the
petitioner. Since the counsel for the 3 rd respondent submitted that
the matter is infructuous, I close this writ petition recording the
order dated 03.05.2011. If there is any fresh cause of action or
surviving grievance to the petitioner, he is free to approach the
appropriate authority or this Court, in accordance to law.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bpr
W.P.(C) NO.12392 OF 2011
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE DUPLICATE COPY OF BAREBOAT
CERTIFICATE OF REGISTRY NR.10579/B IN
REGARD TO "DREDGER KAMAL XXXV".
EXHIBIT P1(A) TRUE COPY OF BAREBOAT CERTIFICATE OF
REGISTRY NR.10657/B IN REGARD TO
"DREDGER KAMAL XXXVI".
EXHIBIT P2 TRUE COPY OF THE THE TIME CHARTER
AGREEMENT DATED 22.7.2009 IN RESPECT OF
"DREDGER KAMAL XXXV".
EXHIBIT P3 TRUE COPY OF THE TME CHARTER AGREEMENT
DATED 8.2.2010 IN RESPECT OF "DREDGER
KAMAL XXXVI".
EXHIBIT P4 TRUE COPY OF ARBITRATION O.P.NO.442 OF
2011 PREFERRED BY THE IST RESPONDENT
BEFORE DISTRICT COURT, ERNAKULAM.
EXHIBIT P5 TRUE COPY OF INTERIM INJUNCTION ORDER
DATED 2.4.2011 IN I.A.NO.1743 OF 2011 IN
ARBITRATION O.P.NO.442 OF 2011 ON THE
FILE OF DISTRICT COURT, ERNAKULAM.
EXHIBIT P6 TRUE COPY OF STATEMENT SHOWING
OUTSTANDING AMOUNT DUE TO THE PETITIONER
FROM MAY 2010 TILL DECEMBER, 2010.
EXHIBIT P7 TRUE COPY OF TERMINATION NOTICE IN
RESPECT OF THE VESSEL KAMAL XXXV DATED
3.4.2011 BY THE PETITIONER TO 2ND
RESPONDENT.
EXHIBIT P7(A) TRUE COPY OF TERMINATION NOTICE IN
RESPECT OF THE VESSEL KAMAL XXXVI DATED
3.4.2011 BY THE PETITIONER TO 2ND
RESPONDENT.
W.P.(C) NO.12392 OF 2011
EXHIBIT P8 TRUE COPY OF APPLICATION DATED 16.4.2011
SUBMITTED BY THE PETITIONER THROUGH ITS
AGENT, M/S. ACT INFRAPORT LTD., FOR
PERMISSION TO REVERT THE VESSEL KAMAL
XXXV FROM COASTAL TO FOREIGN AND TO
LEAVE COCHIN PORT.
EXHIBIT P8(A) TRUE COPY OF APPLICATION DATED 16.4.2011
SUBMITTED BY THE PETITIONER THROUGH ITS
AGENT, M/S. ACT INFRAPORT LTD., FOR
PERMISSION TO REVERT VESSEL KAMAL XXXVI
FROM COASTAL TO FOREIGN AND TO LEAVE
COCHIN PORT.
EXHIBIT P9 TRUE COPY OF APPLICATION DATED 18.4.2011
SEEKING FOR REVERSION PERMISSION
SUBMITTED BY THE PETITIONER THROUGH
THEIR AGENT, M/S. ACT INFRAPORT LTD., IN
RESPECT OF VESSEL, KAMAL XXXV.
EXHIBIT P9(A) TRUE COPY OF APPLICATION DATED 18.4.2011
SEEKING FOR REVERSION PERMISSION
SUBMITTED BY THE PETITIONER THROUGH
THEIR AGENT, M/S. ACT INFRAPORT LTD., IN
RESPECT OF VESSEL, KAMAL XXXVI.
EXHIBIT P10 TRUE COPY OF CERTIFICATE DATED 18.4.2011
ISSUED BY THE 3RD RESPONDENT REVERTING
THE VESSEL KAMAL XXXV FROM COASTAL RUN
TO FOREIGN.
EXHIBIT P10(A) TRUE COPY OF CERTIFICATE DATED 18.4.2011
ISSUED BY THE 3RD RESPONDENT REVERTING
THE KAMAL XXXVI FROM COASTAL RUN TO
FOREIGN.
EXHIBIT P11 TRUE COPY OF THE LETTER
NO.JSC/CPT/2011/12456 DATED 20.4.2011
ISSUED BY THE 2ND RESPONDENT FOR PORT
CLEARANCE IN RESPECT OF VESSELS KAMAL
XXXV AND XXXVI.
EXHIBIT P12 TRUE COPY OF LETTER NO.T14/T-1444/2008-C
DATED 21.4.2011 OF THE IST RESPONDENT TO
THE 2ND RESPONDENT.
W.P.(C) NO.12392 OF 2011
RESPONDENTS' EXHIBITS
EXHIBIT R1(A) TRUE COPY OF THE NOTICE DATED 2.4.2011
ISSUED BY THE CHAIRMAN OF COCHIN PORT
TRUST TO M/S JAISU SHIPPING COMPANY PVT.
LTD.
EXHIBIT R1(B) TRUE COPY OF THE GENERAL CONDITIONS OF
CONTRACT.
EXHIBIT R1(C) TRUE COPY OF THE NOTICE DATED 2.4.2011
ISSUED BY THE CHAIRMAN AND COCHIN PORT
TRUST TO M/S. JAISU SHIPPING COMPANY
PVT. LTD.
EXHIBIT R1(D) TRUE COPY OF THE SPECIAL CONDITIONS OF
CONTRACT.
EXHIBIT R2(A) TRUE COY OF THE REPORT IN THE OFFICIAL
WEBSITE OF COCHIN PORT TRUST.
EXHIBIT R2(B) TRUE COPY OF THE TERMINATION LETTER
DATED 2.4.2011 ISSUED BY THE IST
RESPONDENT.
EXHIBIT R2(C) TRUE COPY OF THE ORDER DATED 12.4.2011
IN OP NO.442/2011 OF THE DISTRICT COURT,
ERNAKULAM.
