Marine Medical Clinic (Seafarer'S Training Institute) v. Director General Of Shipping And ANR.

DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2548 OF 2018 Marine Medical Clinic (Seafarer's Training Institute) .. Petitioner Vs.

Director General of Shipping & anr.

.. Respondents ............

Mr. Y.S. Jahagirdar, Senior Counsel along with Mr. Harshad V. Shingnapurkar I/by M/s. H.N. Associates for petitioner. Mr. Neel Helekar along with Mr. Dharmesh Joshi for respondents.

............

CORAM : B.R.GAVAI & M.S. KARNIK, JJ.

DATE : 7th SEPTEMBER , 2018 P.C. :

The petitioner has challenged the order dated 20th June, 2018 thereby withdrawing all the approvals accorded to the Institute of the petitioner.

2.

It was the contention of the petitioner that the said order was passed without taking into consideration the submissions made by the petitioner in reply to the show cause notice.

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3.

It appears that in view of the submissions made by the petitioner, the Division Bench of this Court (CORAM : S.C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ. ) has passed the order as such :- P.C. :

1.

At the request of Ms. Helekar and to enable her to take instructions on the point canvassed by Mr. Jahagirdar, can the Director General of Shipping re-hear the petitioner on the subject show cause notice and pass a fresh order uninfluenced by earlier directions and conclusions, stand over to 23rd August 2018."

4.

In pursuance to the order passed by this Court, the hearing has also been given to the petitioner. We are informed that the hearing is in progress.

5.

In that view of the matter, since the matter is being reconsidered by the Authorities after giving opportunity of being heard to the petitioner, we find that the interest of justice is served by quashing and setting aside the impugned order and directing the Authority to pass the order afresh after giving hearing to the petitioner.

6.

We clarify that the impugned order is not set aside 2/3

on merits but only for a fresh hearing to be given by the respondent Authority.

7.

Writ Petition is accordingly disposed of.

(M.S. KARNIK, J.) ( B.R.GAVAI, J.) 3/3