M/S Global Everest Shipping Lines Inc vs Union Of India on 7 December, 2020

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Karnataka High Court

M/S Global Everest Shipping Lines Inc vs Union Of India on 7 December, 2020

Bench: P.S. Dinesh Kumar

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 7TH DAY OF DECEMBER, 2020

                         BEFORE

     THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR

     WRIT PETITION No.10191 OF 2020 (GM-RES)

BETWEEN :

M/S GLOBAL EVEREST SHIPPING LINES INC
(A COMPANY INCORPORATED UNDER
THE LAWS OF PANAMA)
PARQUE LEFEVRE
CHANIS LA FONTANA
URBANIZATION, MAIN STREET
HOUSE 213-A
PANAMA CITY, REPUBLIC OF PANAMA
REPRESENTED BY AUTHORISED SIGNATORY
MR. T. SRINIVASA BABU
S/O T. LAKSHMAIAH SHETTY
AGED ABOUT 52 YEARS
NO.65, 11TH CROSS, 7TH BLOCK
WEST JAYANAGAR
BANASHANKARI II STAGE
BENGALURU-560 070                         ...PETITIONER

(BY SHRI. J.M. ANIL KUMAR FOR
    SHRI. BOLLAJU VENUGOPAL, ADVOCATES)

AND :

1.   UNION OF INDIA
     REPRESENTED BY ITS SECRETARY
     MINISTRY OF SHIPPING
     TRANSPORT BAVAN
     SANSAD MARG
     NEW DELHI-110 001
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2.   DIRECTOR GENERAL OF SHIPPING
     DIRECTORATE GENERAL OF SHIPPING,
     9TH FLOOR, BETA BUILDING
     I-THINK TECHNI CAMPUS
     KUNJUMARG (EAST)
     MUMBAI-400 042

3.   THE DEPUTY CONSERVATOR (DC)
     NEW MANGALORE PORT TRUST
     PANAMBUR
     MANGALORE-575 101

4.   THE DOCK MASTER (DM)
     NEW MANGALORE PORT TRUST
     PANAMBUR
     MANGALORE-575 101

5.   THE TRAFFIC MANAGER (TM)
     NEW MANGALORE PORT TRUST
     PANAMBUR, MANGALORE-575 101

6.   THE COMMISSIONER OF CUSTOMS
     OFFICE OF THE COMMISSIONER OF CUSTOMS
     NEW CUSTOMS HOUSE
     PANAMBUR
     MANGALORE-575 010

7.   THE MINISTRY OF HOME AFFIARS
     REPRESENTED BY ITS SECRETARY
     NORTH BLOCK
     NEW DELHI-110 001                    ... RESPONDENTS

(BY SHRI. M.B. NARAGUND, ASG A/W
    SMT. R. MADHAVI, CGSC FOR R1, R2 & R7;
    SHRI. R. SUBRAMANYA,S ADVOCATE FOR R3 TO R5;
    SHRI. AMITH DESHPANDE, ADVOCATE FOR R6)
                           ....
     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE
IMPUGNED ACTIONS OF THE RESPONDENTS IN DENYING THE ENTRY
OF THE VESSEL OF THE PETITIONER AT NEW MANGALORE PORT,
MANGALORE ARE PER-SE ILLEGAL, ARBITRARY, UNCONSTITUTIONAL
AND NULL AND VOID AB-INITIO AND NO LEGAL CONSEQUENCE AND
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ARE LIABLE TO BE QUASHED AND SET ASIDE WHICH DECISION OF
THE R-3 DATED 27.08.2020 IS HEREWITH ENCLOSED AS ANNEXURE-D
AND ETC.

     THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:


                            ORDER

Petitioner has submitted a request to the New Mangalore Port Trust ('NMPT' for short) for a berth for anchoring its vessel 'Mt. Global Everest'. As per instructions received from the Directorate General of Shipping, the NMPT rejected petitioner's request on 27.08.2020. Petitioner has challenged the said rejection in this writ petition.

2. Shri. R. Subramanya, learned Additional Advocate General for NMPT submitted that rejection was made based on an email received from Director General of Shipping as per Annexure -R3, whereby the NMPT was requested to take appropriate action and to keep the Security and Intelligence agencies informed as the Director General of Shipping had received inputs from sources and 4 Intelligence agencies that the vessel was carrying Iran sanctioned cargo.

3. Having perused the records, this Court had directed the Ministry of Shipping as also Home Ministry to make a clear statement as to whether anchoring of the vessel can be permitted or otherwise.

4. Shri. M.B. Naragund, learned Additional Solicitor General for Union of India, submitted that as per the present norms, a request is required to be made within 48 hours when the vessel is likely to reach the port. As on date, the vessel is not within the Indian Waters.

5. Learned Additional Solicitor General and Shri. Subramanya for NMPT submitted that if the petitioner submits a fresh request as per norms 48 hours prior to the time of arrival, the same will be considered in accordance with law.

6. Learned Advocate for petitioner is satisfied with the submission of learned ASG and learned Advocate for NMPT.

7. In the circumstance, this petition is disposed of by placing the submission of learned ASG and Shri. Subramanya on record and with a direction to the NMPT to consider petitioner's request, if made, in accordance with law.

Petition is disposed of.

No costs.

Sd/-

JUDGE SPS

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