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Jawaharlal Nehru Port Trust Versus M/s. D.B.C. Ports Logistics & Anr.

2015 (9) TMI 87 - BOMBAY HIGH COURT

Maintainability of Appeal – Competent person to file Appeal – Only apprehension of appellant is that Tribunal has made certain observations and drawn certain conclusions which would affect appellant adversely – There was serious debate on maintainabi .....

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ed in pursuance of show cause notice issued to appellant, it would be open to appellant to urge that order of Tribunal and any observation, finding and conclusion therein will not be binding as appellant was not party before Tribunal – It would be op .....

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al No. 67 OF 2014 - Dated:- 10-3-2015 - S.C. Dharmadhikari & S.P. Deshmukh, JJ. For the Petitioner : Mr. Shiraz Rustomjee, senior counsel with Mr. Hemant Prabhulkar, Mr. Ranjeet Vaghani i/b Juris Consultus For the Respondent : Mr. Darius Shroff, .....

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appearing on behalf of the appellant Mr. Rustomjee and Mr. Shroff for the contesting respondents that the only apprehension of the appellant is that the Tribunal has made certain observations and drawn certain conclusions by which the Jawaharlal Neh .....

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the observations and conclusions of the Tribunal in the impugned order. 2. There was a serious debate on the maintainability of the appeal at the instance of the JNPT who was not a party before the Tribunal. 3. In the circumstances, we put to Mr. Ru .....

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ntions, it would have no objection to the disposal of this appeal as not pressed. The appeal, therefore, stands disposed of as not pressed. 4. In the light of these statements made on instructions by Mr. Rustomjee, we clarify that in the event the co .....

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and conclusion therein will not be binding as JNPT was not a party before the Tribunal. Similarly, the Tribunal rendered the above findings and conclusions without giving any opportunity to JNPT to place its version. We clarify that all such content .....

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