1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITIONS NO. 113/08, 126/08 & 130/08 WRIT PETITIONS NO. 113/08 M/s. Tata Metaliks Ltd. A company incorporated under the Indian Companies Act, 1956, through its General Manager and Shareholder Shri Debasis Misra, having office at Tata Centre, 43, J. L. Nehru Road, Kolkata. ........... Petitioners. V/s. Board of Trustees of Mormugao Port Trust, through its Secretary, a Major Port registered under the Major Port Act, 1963, having its Office at Mormugao Harbour, Goa. ........... Respondent. Mr. A. N. S. Nadkarni and Mr. H. D. Naik, Advocates for the petitioners. Mr. V. B. Nadkarni, Senior Advocate with Mr. Y. V. Nadkarni, Advocate for the respondent. WRIT PETITIONS NO. 126/08 1) M/s. Kirloskar Ferrous Ind. Ltd. A company incorporated under the Indian Companies Act, 1956, having its Office at Bevinahalli Village P.O. Hitnal, Taluka & Dist. Koppal Karnataka. 2) Shri R. V. Gumaste, Managing Director and Shareholder of the petitioner company having office at Bevinahalli Village, P.O. Hitnal, Taluka & Dist. Koppal Karnataka. ............. Petitioners. 2 V/s 1) Board of Trustees of Mormugao Port Trust, through its Secretary, a Major Port registered under the Major Port Act, 1963, having its Office at Mormugao Harbour, Goa 2) State of Goa, through its Chief Secretary, Secretariat, Porvorim, Bardez, Goa. 3) Goa State Pollution Control Board, through its Member Secretary, Dempo Towers, Patto, Panaji, Goa. ......... Respondents. Mr. A. N. S. Nadkarni and Mr. H. D. Naik, Advocates for the petitioners. Mr. V. B. Nadkarni, Senior Advocate with Mr. Y. V. Nadkarni, Advocate for respondent No.1. Mr. S. S. Kantak, Advocate General with Mrs. R. Chodankar, Addl. Govt. Advocate for respondent No.2. Mr. J. Godinho, Advocate for the respondent No.3 – absent. WRIT PETITION NO. 130/2008 1) M/s. Kalyani Steel Ltd. A Company incorporated under the Indian Companies Act, 1956, through Attorney Ram Lakhan Lall, having its office at Corporate Bldg., 2nd floor, Mundhwa, Pune. 2) Shri Madan Umakant Takale Shareholder and Director of the Petitioner Company, having its Office at Corporate Bldg., 2nd floor, Mundhwa, Pune. ........... Petitioners. 3 V/s. Board of Trustees of Mormugao Port Trust, through its Secretary, a Major Port registered under the Major Port Act, 1963, having its Office at Mormugao Harbour, Goa. ........... Respondent. Mr. A. N. S. Nadkarni and Mr. H. D. Naik, Advocates for the petitioners. Mr. V. B. Nadkarni, Senior Advocate with Mr. Y. V. Nadkarni, Advocate for the respondent. CORAM : S.A. BOBDE & N.A. BRITTO, JJ. DATE : May 05, 2008. ORAL JUDGMENT : (Per S.A. BOBDE, J.) Rule, returnable forthwith. Heard by consent. 2. There is no dispute that the impugned communication dated 12.2.2008, addressed by the Respondent Port Trust by which the petitioners were directed to stop handling of coal/coke at the existing berth Nos. 10 and 11, is no more in force, vide the statement of one N. Vaiyapuri for the respondent No.1 that in view of the Respondent Board's resolution No.272 of 17/3/2008, the earlier impugned directions dated 12.2.2008 do not survive. 3. As regards the grievance of the petitioners that the Respondent 4 Port Trust should be directed to allow them to continue the handling of coke/coal at the existing berth Nos. 10 and 11, it is clear that the respondents have resolved vide Resolution No. 272 of 17/3/2008, as follows : “RESOLVED FURTHER that the Board is also of the view that handling of Coke at Berth Nos. 10 and 11 can continue in accordance with the Secretary Shippings Order dated 15th December, 2005”. 4. Mr. Nadkarni, the learned Senior Counsel for the Respondent Port Trust states that the petitioners were not allowed berthing on the last occasion due to an apprehended law and order problem as stated in the affidavit. In any case, there is no any reason to assume that the problem persists. 5. We are, therefore, of the view that if the Petitioners are aggrieved by any action of the Respondent Port Trust, they would be at liberty to take appropriate action as may be advised. It is made clear that the Respondents would be bound to act in accordance with the Secretary Shippings Order dated 15th December, 2005 as resolved under Resolution No.272. Rule disposed of accordingly. S.A. BOBDE, J. N.A. BRITTO, J. ssm.