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4. Since several questions of facts as well as law have been raised which require detailed affidavits and submissions and that may take considerable time, the learned counsel for the petitioner/Foundation has prayed for disposal of its application under Section 151 CPC seeking injunction/ restraint order

5. The prayer for ad interim relief is strongly opposed by respondents No.1, 2 and 3 to 6.

6. Learned Central Government Standing Counsel (CGSC) appearing for the first respondent/ Union of India (UOI) submitted that since the subject containers/materials are lying on ports, therefore, this Court has no territorial jurisdiction to entertain this petition. Learned CGSC for respondent No.1/UOI further submitted that consequent upon issuance of Notification of 24th March, 2020 and 15th April, 2020 by Ministry of Home Affairs, lockdown was imposed from 22nd March, 2020 till 3rd May, 2020 due to Covid 19 and Ministry of Shipping/ respondent No.2, vide order PD-14033/4/2020-PD VII dated 21st April, 2020 had directed that no penal charges, dwell time charges, detention charges etc. shall be levied on import and export shipments for the delay in evacuation of cargo during the lockdown period.

3. However, given the nation-wide lockdown, there is an inevitable impact in the form of delays in evacuation of cargo and inability to fulfill obligations by various parties /stakeholders due to the affect on the downstream services.

4. ln view of the situation arising because of the lockdown and after considering the representations received from various stakeholders, Major Ports are directed that -

(i) ln the light of the MHA order No. 40-3/2020-DM-1 (A) dated 25.03.2020 and by invoking power under Section 53 of Major Port Trust Act 1963; each Major Port shall ensure that no penalties, demurrage, charges, fee, rentals are levied by the Major ports on any port user (traders. Shipping lines, concessionaires, licensees etc.) for any delay in berthing. loading/unloading operations or evacuation/arrival of cargo caused by the reasons attributable to lockdown measures from 22nd March to 14th April, 2020.

2. Ministry of Home Affairs, Government of India had issued order No 40-3/2020- DM-1 (A) dated 24 .03.2020 and subsequent order dated 15/4/2020 along with its amendments to impose lockdown from 22 nd March to 3rd May, 2020 (hereafter "Lockdown Period") to contain COVID-19 pandemic in the country. The Jock-down measures and associated disruptions in logistic chains have impacted the Indian ports and port users. There is an impact in the form of drop in imports & exports volumes, delays in evacuation of cargo, cash flow issues etc. resulting in inability of port users, concessionaires and other stakeholders to fulfill their obligations to port authorities and banks/lenders. In view of this extraordinary situation and after considering the representations received from various stakeholders, all Major Ports are directed that:-

(iii) Minimum Guaranteed Throughput (MGT) obligations: The MGT obligations (wherever existent in concessionaire agreements) shall be computed, for the respective year, without considering the Lockdown Period and cargo volume handled during said period.

(iv) Performance standard related obligations: Ports shall not levy any penalty or charges for any shortfall in any performance standards such as gross berth output, transit storage dwell time, turnaround time for delivery store receipt operations, non-transhipment requirements 'etc. for the Lockdown Period plus 30 days recovery period.