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2026 DAILYLAW 32002 (KAR)

M/S SRI GANESH SHIPPING AGENCY v. THE NEW MANGALORE PORT TRUST

WP/49779/2018 · 2026-07-27

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010289752018 NC: 2026:KHC:39076 WP No. 49779 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 49779 OF 2018 (GM-RES) BETWEEN: M/S SRI GANESH SHIPPING AGENCY A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT II FLOOR, KANARA TOWERS, KOTTARA CHOWKI, MANGALURU - 575 006 REP BY ITS MANAGING PARTNER, MR. B. NAGARAJ SHETTY …PETITIONER (BY SRI. KARAN JOSEPH, ADVOCATE) AND: 1. THE NEW MANGALORE PORT TRUST A MAJOR PORT TRUST UNDER THE MAJOR PORT TRUSTS ACT, 1963 HAVING ITS OFFICE AT PANAMBUR, MANGALURU - 575 010 REP BY ITS CHAIRMAN 2. ADJUDICATORY AUTHORITY FOR MAJOR PORTS 4TH FLOOR, BHANDAR BHAVAN, M.P.ROAD, MAZGAON, MUMBAI - 400 010 REPRESENTED BY ITS DIRECTOR AMENDED VIDE COURT ORDER DATED 22.09.2025 …RESPONDENTS (BY SRI. UNNIKRISHNAN M., ADVOCATE SRI. H. SHANTHI BHUSHAN, DSGI FOR R2) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010289752018 NC: 2026:KHC:39076 WP No. 49779 of 2018 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION DATED 30.04.2018 VIDE ANNX-F ISSUED BY THE RESPONDENT. DIRECT THE RESPONDENT TO CONSIDER REPRESENTATIONS DATED 10.04.2018 AND 08.02.2018 VIDE ANNX-E1 AND E2, AND CONSEQUENTLY RELEASE TO THE PETITIONR THE SUM OF RS.2,24,44,522/- TOWARDS OVERCHARGING AND RS.20,46,988/- TOWARDS REFUNDABLE SECURITY DEPOSIT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER 1. Learned counsel for the petitioner has filed a memo dated 27.07.2026, which reads as under: "In furtherance to the Order dated 17.07.2026 in the present Writ Petition, the Petitioner respectfully submits that the outcome of Writ Appeal Nos. 4398-99/2013 pending before a Division Bench of this Hon'ble Court will have an impact on the present lis between the parties. In view thereof, the Petitioner respectfully prays that this Hon'ble Court may be pleased to dispose of the present Petition, reserving liberty to the Petitioner to initiate appropriate proceedings, if so advised, depending upon and subject to the outcome of Writ Appeal Nos. 4398-99/2013. - 3 - HC-KAR CNR: KAHC010289752018 NC: 2026:KHC:39076 WP No. 49779 of 2018 WHEREFORE, it is respectfully prayed that the present Memo be taken on record and the Petition be disposed of, with liberty as prayed for, in the interests of justice and equity." 2. Learned counsel for the respondents is also present. 3. The memo is taken on record. 4. In view of the submission made in the memo, the writ petition is disposed of, reserving liberty to the petitioner to initiate appropriate proceedings, if so advised, depending upon and subject to the outcome of Writ Appeal Nos. 4398-4399/2013. Sd/- (M.G.S. KAMAL) JUDGE SPV List No.: 1 Sl No.: 21