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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANISH PITALE, SHREERAM V.SHIRSAT
JSW Steel Limited formerly known as ISPAT Industries Limited – Appellant
Versus
Board of Trustees of the Mumbai Port Trust – Respondent
Judgment :
Manish Pitale, J.
1. The proceedings in this petition were remitted by the Supreme Court by its order dated 14.02.2025, after setting aside order dated 13.08.2021 passed by a Division Bench of this Court, disposing of the writ petition as infructuous, on the basis of the events that took place during the pendency of the petition. The Supreme Court found that the writ petition could not have been disposed of, as a pure question of law was required to be decided in the light of Section 14 of the Indian Ports Act, 1908 (for short ‘the said Act’) and that in that context, the lis between the parties was very much alive. The Supreme Court requested this Court to give priority to the matter for disposing it of expeditiously. In this backdrop, the writ petition was taken up for hearing and disposal.
2. The petitioner, formerly known as ISPAT Industries Limited, was engaged in the business of manufacturing steel at its plant located at Dolvi, Dharamatar, Raigad and for the said purpose, it was required to import large quantities of iron ore. The petitioner constructed a private jetty at Dharamatar and it’s cargo was being transported through the jetty to the said plant from waters
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