Gujarat High Court
Ashit Shipping Services Pvt Ltd vs Union Of India & 4 on 10 June, 2014
Author: K.M.Thaker
Bench: K.M.Thaker
C/SCA/7916/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 7916 of 2014
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ASHIT SHIPPING SERVICES PVT LTD....Petitioner(s)
Versus
UNION OF INDIA & 4....Respondent(s)
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Appearance:
MR HARDIK S SONI, ADVOCATE for the Petitioner(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 1
MR D D VYAS, SENIOR ADVOCATE for the Respondent(s) No. 2
NANAVATI & CO., ADVOCATE for the Respondent(s) No. 3 , 5
NOTICE SERVED BY DS for the Respondent(s) No. 4
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CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 10/06/2014
ORAL ORDER
Yesterday, i.e. on 9.6.2014, after hearing the learned counsel for the contesting parties, below mentioned order was passed:-
"A request for adjournment was made on behalf of the respondent No.2 as well as respondent Nos.3 to 5 at 11:00 a.m., which was, at that time, opposed by learned counsel for the petitioner.
Now, when the matter is called out in regular course and in seriatim, Mr. Nanavati, learned counsel for the respondent Nos.3 to 5, has tendered affidavit raising certain objections against the petition, stating factual position and disputing the claim of the petitioner.
Mr. Nanavati, learned counsel for the respondent Nos.3 to 5, has submitted at 12:30 p.m. that at berth No.15 another vessel namely M.V.NEW LIFE has already berthed. He also submitted that the vessel of the petitioner namely, M.V.NEW LAUREL is given berth at jetty No.13 at their request and the said vessel is being unloaded at jetty No.13. Learned counsel for the petitioner submitted that it is only on temporary basis that jetty No.13 has accommodated Page 1 C/SCA/7916/2014 ORDER petitioner's vessel and the said arrangement is to continue only until 11.6.2014, whereas the petitioner's vessel needs time of two to three days more to completely unload the cargo.
Having regard to the said aspect, more particularly the submissions made by Mr. Nanavati, learned counsel for the respondent Nos.3 to 5, that another vessel is already berthed at jetty No.15, and considering the request made by learned counsel for the respondent No.2, hearing is adjourned.
S.O. to tomorrow (10.6.2014)."
2. Today, learned advocate for the petitioner submitted that in view of the submission made by learned advocate for the respondent Nos.3 to 5, particularly the submissions which are recorded in paragraph - 3 of the order dated 9.6.2014, the petition has become infructuous and that therefore, the petition may be disposed of as having become infructuous, however, without prejudice to the rights of the petitioner to take appropriate action in law and to pursue such remedy as may be available in law.
3. It goes without saying that if the petitioner has any right to prosecute, then, it is open to the petitioner to pursue such remedy as may be available in law.
In view of the submission made by learned advocate for the petitioner, present petition stands disposed of as having become infructuous. Notice is discharged.
(K.M.THAKER, J.) kdc Page 2