ROHINTON FALI NARIMAN, NAVIN SINHA, INDIRA BANERJEE
Chairman, Board of Trustees, Cochin Port Trust – Appellant
Versus
Arebee Star Maritime Agencies Pvt. Ltd. – Respondent
JUDGMENT :
R.F. NARIMAN, J.
1. This batch of appeals arises out of a reference order made by a Division Bench of this Court dated 07.03.2018 reported as (2018) 4 SCC 592. The learned Division Bench stated as to how these proceedings arose before it as follows:
"1. These proceedings have arisen from a judgment dated 27-9-2011 [Arebee Star Maritime Agencies (P) Ltd. v. Cochin Port Trust, Original Petition No. 21041 of 1999, decided on 27-9-2011 (Ker)] of a Division Bench of the Kerala High Court in a batch of writ appeals and original petitions, preferred by various shipping agents.
2. The question before the High Court was whether the liability to pay "ground rent" on containers unloaded at Cochin Port, but not cleared by the consignees/importers and refused to be destuffed by the Port, on the ground of inadequate storage space, can be imposed on the owners of the vessel/steamer agents beyond the period of 75 days, fixed by the Tariff Authority of Major Ports [TAMP], a statutory body constituted under Section 47-A of the Major Port Trusts Act [MPT Act], 1963.
3. The facts of the ca
Port of Bombay v. Sriyanesh Knitters (1999) 7 SCC 228 – Not a Good Law [Para 2]
Forbes Forbes Campbell & Co. v. Port of Bombay (2015) 1 SCC 228 – Referred [Para 2]
Rasiklal Kantilal & Co. v. Port of Bombay (2017) 11 SCC 1 – Distinguished [Para 2]
Forbes Forbes Campbell & Co. Ltd. v Board of Trustees
Garden Silk Mills Ltd. and Anr v. Union of India and Ors. (1999) 8 SCC 744 – Relied [Para 29]
State of Bombay and Anr. v. F.N. Balsara 1951 SCR 682 – Relied [Para 32]
Central India Spinning and Weaving and Manufacturing Company, Ltd. v. The Municipal Committee
State of Kerala & Ors. v. Fr. William Fernandez Etc. 2017 SCC OnLine SC 1291 – Relied [Para 35]
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