902&903-3388&3425.2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.3388 OF 2023 Sterling Fisheries Ice & Cold Storage Services Pvt. Ltd. ...Petitioner Versus The Board of Mumbai Port Authority (formerly known as Board of Trustees of Port of Mumbai) and Ors. ...Respondents WITH WRIT PETITION NO.3425 OF 2023 Pyramid Shipping Private Limited ...Petitioner Versus The Board of Mumbai Port Authority (formerly known as Board of Trustees of Port of Mumbai) and Ors. ...Respondents Mr. Rajeev Waglay i/b Ms. Neha Pandya for the Petitioners in both the matters. Ms. Khushaboo Rupani (through video-conferencing) i/b HSA Advocates for the Respondent No.1-Board of Mumbai Port Authority in both the matters. Mr. Ramchandra Apte, Senior Advocate i/b Mr. Sagar Ambedkar and Ms. Disha Nidre for the Respondent No.3-UOI in both the matters. CORAM: BHARATI DANGRE & ASHISH S. CHAVAN, JJ. DATE : 7th SEPTEMBER 2026 N. S. Chitnis 1/3 NISHA SANDEEP CHITNIS Digitally signed by NISHA SANDEEP CHITNIS Date: 2026.09.08 17:46:18 +0530 902&903-3388&3425.2023.doc P.C. : 1. The respective counsel representing the Petitioners as well as the Board of Mumbai Port Authority are at ad idem that the reliefs sought in the Petitions filed in the year 2023 are governed by the Judgment delivered on 25th August 2026 (Writ Petition No.3143 of 2022 along with group of matters) to which one of us (Bharati Dangre, J.) is a party. 2. Perusal of the reliefs in the petitions would reveal that the Petitioners seek declaration about rates of rent fixed under respondent No.1’s own Compromise Proposal which was upheld by the order of the Apex Court in Jamshed Hormusji Wadia vs. The Board of Trustees of the Port of Mumbai and Another1 being made applicable to the Petitioners upto 31st March 2024 with 4% annual increase thereon in October. Since we have taken a view that the Compromise Proposal which received its approval from the High Court as well as subsequently by the Apex Court subject to certain modifications and pursuant 1 (2004) 3 SCC 214 N. S. Chitnis 2/3 902&903-3388&3425.2023.doc thereto since by TR No.31/2004 the Port Authority also agreed to implement the decision of the Hon’ble Apex Court and continue with the Compromise Proposal till 31st March 2024, we have granted liberty to the Port Authority to revise the rents on expiry of the said period, but subject to observations made by the Hon’ble Apex Court in Jamshed Hormusji Wadia (supra) that there shall be no rack-renting/profiteering by the Port Authority. In the wake of the aforesaid, Writ petitions are made absolute in terms of prayer clause ‘A’ and ‘B’. ASHISH S. CHAVAN, J. BHARATI DANGRE, J. N. S. Chitnis 3/3