Any order having civil consequences can be passed only after giving opportunity of hearing to the concerned party.

(PRAYER: Appeal against the order of the learned single Judge dated 29.06.2005 passed in W.P.No.20761 of 2005.

PRAYER: Appeal against the order of the learned single Judge dated 29.06.2005 passed in W.P.No.20761 of 2005.)

Markandey Katju, C.J.

Writ Appeal No.1616 of 2005 has been filed against the impugned judgment of the learned single Judge dated 29.06.2005 in W.P.No.20761 of 2005.

2. Admittedly the appellant viz., Surana Industries Limited, Chennai in W.A.No.1616 of 2005 was not impleaded as a respondent in the writ petition which was decided by the learned single Judge. The only party impleaded in the writ petition as a respondent was the Trustees of the Port Trust of Madras. The appellant – Surana Industries Limited, Chennai who filed Writ Appeal No.1616 of 2005 before us was granted leave by our order dated 09.08.2005 to file this writ appeal.

3. The other writ appeal being W.A.No.1626 of 2005 has been filed by the Board of Trustees of the Port Trust of Madras.

4. We have heard learned counsel for the parties and perused the record. We are of the opinion that the impugned order of the learned single Judge dated 29.06.2005 deserves to be set aside on the short ground that the appellant in W.A.No.1616 of 2005 viz., Surana Industries Limited, Chennai was a necessary party to the litigation and it should have been impleaded and heard in the Writ Petition No.20761 of 2005 before disposing it off. The rules of natural justice require that a necessary party should be heard in a case, before deciding it.

5. The facts of the case are that the appellant-Surana Industries Limited, Chennai was the Purchaser/Consignee of cargo viz., Steel Scrap amounting to 22530.77 Metric Tonnes which it purchased from M/s. Midland Resources Holding Ltd., Channel Islands, United Kingdom. The appellant purchased the said cargo from the seller under the Sale Contract dated 20.01.2005. The writ petitioner (respondent-1 in this appeal) viz., M/s.Good Earth Maritime Limited, Chennai is the owner of the vessel which was chartered by the seller.

6. It is alleged in paragraph – 3 of the affidavit filed by the writ petitioner namely., M/s. Good Earth Maritime Limited, Chennai (1st respondent in W.A.1616 of 2005) that the petitioner – Good Earth Maritime Limited, Chennai are the owners of ocean going vessels and are engaged in transportation of cargo by sea. The vessel m.v.Good Day was one of such ocean going vessels owned by the petitioner. It is further alleged that it is the normal practice of the ship owners either to carry cargo of several consignors in their vessel at one time, or to hire out the entire vessel to a Charterer for transportation of the Charterer’s cargo alone. It is alleged that when a vessel is on Charter to a Charterer, it is the Charterer’s responsibility to produce sufficient cargo for carriage by the vessel, load the cargo on board the vessel, and discharge it within the time stipulated for such loading and discharge. It is further alleged that if there is any delay in loading of cargo at the load port or in discharge of cargo at the destination port, the Charterer is liable to pay demurrage to the ship owner for every day of such delay to compensate for the loss caused by the delay in taking on subsequent engagements. If on the other hand the Charterers complete the loading and dischage before the maximum time stipulated, the vessel owner give “dispatch” money as a sort of a bonus for quick loading and saving the ship’s time.

7. In paragraph – 4 of the writ petitioner’s affidavit it is stated that their vessel “m.v.Good Day” was chartered by one M/s.Midlands Resources Holdings Limited, United Kingdom for carriage of goods from GDANSK, Poland to Chennai, India. It is alleged that as per the terms of the Charter, the said Charterer placed on board the said vessel steel scraps covered by 6 Bills of Lading Nos.1 to 6 all dated 23.04.2005 for carriage of a total of 22530.77 Metric Tonnes of steel scrap. As per the Charter Party A