The Container Shipping Lines Assoc. v. Tariff Authority For Major Ports And ANR.

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22. WP 2442-01.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2442 OF 2001 The Container Shipping Lines Association And Another ...

Petitioners

Versus

Tariff Authority for Major Ports And Others ...

Respondents .....

Mr. Suraj Iyer a/w Ms. Aditi Maheshwari I/b Ganesh & Co. for Petitioner No.1.

Ms. Apurva Pohonerkar-Mehta I/b V. Subramanian for Respondent No.1. Mr. Manoj Thakar I/b Mulla & Mulla & Craigie Blunt & Caroe for Respondent No.2.

....

CORAM : S.C.GUPTE, J.

DATE : 9 MARCH 2018 P.C. :

.

Learned Counsel for Petitioner No.1 prays for leave to delete Petitioner No.2 from the cause title of the petition and make consequential necessary amendments in the petition. Leave granted. Amendment to be carried out within one week from today. Re-verification is dispensed with. Learned Counsel for Petitioner No.1 submits that this petition challenges a Notification of 26 June 2001, read with clarification of 22 August 2001 and corrigendum 17 September 2001. Learned Counsel submits that for the last over seventeen years, the notification with or without clarification/corrigendum is not implemented by the Tariff Authority. Learned Counsel submits that he would, in the premises, like to

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22. WP 2442-01.doc withdraw the petition with liberty to file a fresh petition, in case the Authority, i.e. Respondent No.1, proposes to implement notification /clarification / corrigendum at any future date. The Petitioners are permitted to substitute Vakalatnama of the existing Advocates by Vakalatnama of the new Advocates. The petition is dismissed as withdrawn with liberty as prayed for. (S.C. GUPTE, J.)