Calcutta High Court (Appellete Side)
Abg Haldia Bulk Terminals Private ... vs Union Of India & Ors on 17 November, 2011
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
1 17.11.11
In The High Court At Calcutta ss Constitutional Writ Jurisdiction Appellate Side W.P. No. 14454 (W) of 2011 ABG Haldia Bulk Terminals Private Limited & Anr.
v.
Union of India & Ors.
Mr Ranjan Deb Mr Jishnu Saha Mr Soorjya Ganguly Ms Pooja Chakraborti ...for the petitioners.
Mr Somnath Bose Ms Sampa Sarkar ...for the Union of India.
Mr S.K. Kapoor Mr A.K. Jana ...for the port trust.
Mr Deb appearing for the petitioners submits that in this art.226 petition the petitioners want only a direction upon the Central Government to decide their representation dated June 18, 2011 (at p.509) under s.111 of the Major Port Trusts Act, 1963.
Mr Bose appearing for the Union of India submits that he has not received instructions from the Central Government about the Central Government's reaction to the petitioners' request for deciding their representation in terms of provisions of s.111 of the Act.
Mr Kapoor appearing for the Kolkata Port Trust has questioned the maintainability of the petition saying that the issues involving only questions concerning breach of terms of conditions of the contract that provided for an arbitration remedy have nothing to do with the Central Government's power under s.111, and that the petition has been filed with a view to stalling the steps the Port Trust contemplates to take in exercise of its rights conferred by the contract between the parties. He has said that the petitioners have failed to show what legal right has been infringed or what legal right they want to enforce.
2I think it will be appropriate to ask counsel for the Central Government to obtain specific instructions from the Central Government about the petitioners' representation stated to have been submitted under s.111 of the Act.
For these reasons, I adjourn admission hearing making it clear that pendency of this petition shall not prevent the petitioners and the Port Trust from proceeding according to law. To next monthly list as motion. Certified xerox.
(Jayanta Kumar Biswas, J.)