IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WA.No. 1058 of 2009 --------------------------- AGAINST ORDER IN WPC NO.22117/2007 DATED 21.4.2009 ----------- APPELLANT/PETITIONER ------------------------------------ DEA SHIPPING & FORWARDING, MAJURO STR.4020, MARSHALL ISLAND, (OWNER OF THE VESSEL MV MARIA S) REP.BY ITS POWER OF ATTORNEY HOLDER MR.GENTIAN BESHKU. BY ADV. SRI.V.J.MATHEW RESPONDENTS/RESPONDENTS -------------------------------------------- 1. DY.CONSERVATOR, COCHIN PORT TRUST, W/ISLAND,COCHIN-9. 2. THE BOARD OF TRUSTEES, COCHIN PORT TRUST W/ISLAND, COCHIN-9, REP.BY ITS CHAIRMAN. 3. UNION OF INDIA REP.BY ITS SECRETARY, MINISTRY OF SHIPPING, NEW DELHI. 4. LAXMI CRANES & TRAILERS (P) LTD., BLDG.NO.VII/602 A,KUNDANNOOR JUNCTION, MARADU, COCHIN-682304. R1 & R2 BY ADV.SRI.P.GOPINATHA MENON ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL ADV.SRI.T.P.M.IBRAHIM KHAN, ASST. SOLICITOR GENERAL R4 BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE ADV.SRI.T.RAMAPRASAD UNNI ADV.SRI.DAYANANDA PRABHU, ADVOCATE COMMISSIONER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K.Basheer, J. ------------------------------------------ W.A. No.1058 of 2009 ------------------------------------------ Dated, this the 14th day of October, 2009 JUDGMENT A.K.Basheer, J. Having heard learned counsel for the parties, we are of the view that this writ appeal which is directed against an interim order passed by the learned Single Judge need not be kept pending on the file of this Court any further. 2. Therefore, the writ appeal is disposed of making the interim order passed by us on May 27, 2009 absolute. We make it clear that it will be open to the appellant or respondent No.4 to lift and dispose of the salvaged cargo now kept in the port premises especially in view of the admitted position that bank guarantee in the sum of Rupees three crores has already been furnished by the appellant pursuant to the interim order passed in this appeal. 3. It is further made clear that we have not dealt with the question whether or not the appellant would be liable to pay the port W.A.No.1058 of 2009 - 2 - charges. This and other questions are left open to be adjudicated before the learned Single Judge. We are also not adverting the contents of the counter affidavit that is being filed by respondent No.1 today, for the above reasons. S.R.Bannurmath, Chief Justice A.K.Basheer, Judge vns