Next > R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P.NO.4398/2018 (GM-PP) C/W W.P.NOs.4428/2018, 4431/2018, 1358/2018, 3913/2018, 3915/2018, 3919/2018, 3905/2018, 3908/2018, 3918/2018, 3910/2018, 3914/2018, 3903/2018, 3906/2018, 3912/2018, 3917/2018, 4403/2018, 4404/2018, 4433/2018, 4434/2018, 3909/2018, 4430/2018, 3911/2018, 3916/2018, 3907/2018, 4436/2018, 4399/2018, 4406/2018, 4427/2018, 4429/2018, 4432/2018, 4435/2018 & 4437/2018 IN W.P.NO.4398/2018: BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR MANGALORE-575010 REP. BY ITS CHAIRMAN 2. ESTATE OFFICER NEW MANGALORE PORT TRUST PANAMBUR MANGALORE-575010.
... PETITIONERS (BY SRI. SUBRAMANYA R, ADVOCATE) AND:
SRI CLIFFORD D’SOUZA AGED ABOUT 75 YEARS S/O ALOYSIUS JOHN D’SOUZA R/AT KOLAMBE, BAJPE MANGALORE PROPRIETOR M/S EXPORT TRADELINK AGENCIES HAVING ITS OFFICE AT 3RD FLOOR, PUNJA BUILDING LALBAGH, MANGALORE-575003.
... RESPONDENT (BY SRI Y. RAJENDRA PRASAD SHETTY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.24/2016 DATED 15.03.2017 ON THE FILE OF THE PRL. DISTRICT JUDGE, DAKSHIN KANNADA, MANGALORE AT ANNEXURE-A.
IN W.P.NO.4428/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR MANGALORE-575010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER NEW MANGALORE PORT TRUST PANAMBUR MANGALORE-575010 ... PETITIONERS (BY SRI. SUBRAMANYA R, ADVOCATE) AND:
M/S DELTA INFRALOGISTICS (WORLDWIDE LIMITED) A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT NO.201 VEEKA TOWERS, KULUR MANGALORE-575013 REPRESENTED BY TIS DIRECTOR MR SHAMIL AHMED MOUZAM AGED ABOUT 25 YEARS S/O A MOHIUDDIN R/A 15-9-5608, SHAMIL OPP.BENDOOR CHURCH ROAD BENDOORWELL MANGALORE AS PER BOARD RESOLUTION DATED 30/07/2016 ... RESPONDENT (BY SRI.SHARATH NAGENDRA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.23/2016 DTD:15.3.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE [PRODUCED AS ANNEXURE-A] IN W.P. NO. 4431/2018 BETWEEN 1. NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE - 575010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER, NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE -575010 (BY SRI. SUBRAMANYA R, ADVOCATE) AND:
M/S DELTA INFRALOGISTICS ... PETITIONERS (WORLDWIDE LIMITED) A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING ITS OFFICE AT NO 201, VEEKAY TOWERS, KULUR, MANGALORE – 575013 REPRESENTED BY ITS DIRECTOR, MR SHAMIL AHMED MOUZAM AGED ABOUT 25 YEARS, S/O A MOHIUDDIN, R/A 15-9-5608, SHAMIL OPP. BENDOOR CHURCH ROAD, BENDOORWELL, MANGALORE AS PER BOARD RESOLUTION DATED 30.07.2016 ... RESPONDENT (BY SRI.SHARATH NAGENDRA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.20/2016 DTD:15.3.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE [PRODUCED AS ANNEXURE-A] IN W.P. NO. 1358/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR MANGALORE - 575 010 REPRESENTED BY ITS CHAIRMAN.
2. ESTATE OFFICER NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE - 575 010.
(BY SRI.SUBRAMANYA R, ADVOCATE) ... PETITIONERS AND:
M/S ALVARESH & THOMAS A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT ALVARES CENTRE, NANTHOOR, MANGALORE - 575 006 REP. BY ITS MANAGING DIRECTOR, MRS. HELEN ALVARES, AGED ABOUT 51 YEARS, D/O LATE CAPT. KS ALVARES, R/A RHI, CASA MARIE, NANTHOOR, MANGALORE - 575 005.
... RESPONDENT (BY SRI.Y RAJENDRA PRASAD SHETTY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.18/2016 DATED 15.03.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHIN KANNADA, MANGALORE (PRODUCED AS ANNEXURE-A);
IN W.P.NO. 3913/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE-575 010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE-575 010 (BY SRI.SUBRAMANYA R, ADVOCATE) ... PETITIONERS AND:
M/S. ASPINWALL & COMPANY PVT. LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT,1956 HAVING ITS OFFICE AT NO.901, KULSHEKAR, MANGALORE-575 005 REPRESENTED BY ITS GPA HOLDER MR. SHEKARA POOJARI ... RESPONDENT (BY SRI. SHARATH NAGENDRA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.33/2016 DTD:15.3.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE [PRODUCED AS ANNEXURE-A] IN W.P.NO.3915/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE-575010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER NEW MANGALORE PORT TRUST, PANAMBUR, MANGALORE-575010 ... PETITIONERS (BY SRI. SUBRAMANYA R, ADVOCATE) AND:
M/S. HASSAN HAJEE & COMPANY A REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT KHADEEJA COURT BUNDER, MANGALORE-575001 REPRESENTED BY ITS PARTNER, SRI.MOHAMMED AMEEN, AGED ABOUT 37 YEARS, S/O B. KUNHI AHMED, R/A HASNAIN NADIR, BERALAKATTE, MANGALORE-575018 ... RESPONDENT (BY SRI.SHARATH NAGENDRA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.43/2016 DTD:15.3.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE [PRODUCED AS ANNEXURE-A] IN W.P.NO.3919/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE-575010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER NEW MANGALORE PORT TRUST, PANAMBUR, MANGALORE-575010 (BY SRI. SUBRAMANYA R, ADVOCATE) AND:
M/S. CARGO LINKS A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT 1ST FLOOR, ABCO TRADE CENTRE, KOTTARA CHWOKI, ... PETITIONERS MANGALORE-575006 REPRESENTED BY ITS MANAGING PARTNER MR JEETHAN SEQUEIRA, AGED ABOUT 41 YEARS, S/O GERALD SEQUEIRA R/AT FLAT NO.804 CLASSIQUE PRESIDENCY, KANKANADY, MANGALORE-575002 …RESPONDENT (BY SRI. SHARATH NAGENDRA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.39/2016 DTD:15.3.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE [PRODUCED AS ANNEXURE-A] IN W.P.NO.3905/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE-575010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER NEW MANGALORE PORT TRUST, PANAMBUR, MANGALORE-575010.
BY SRI. SUBRAMANYA R, ADVOCATE) AND:
SRI. ANIL D’ SOUZA AGED ABOUT 50 YEARS S/O SRI. OSWALD D’SOUZA, ... PETITIONERS R/A NO.17, HERITAGE, S.L.MATHAIS ROAD, ATTAVAR, FALNIR, MANGALORE-575001 M/S PROVIDENCE SHIPPING AGENCY, HAVING ITS OFFICE AT 3RD FLOOR, CITY GATE, KADRI, MANGALORE-575002 ... RESPONDENT (BY SRI. Y RAJENDRA PRASAD SHETTY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.40/2016 DTD:15.3.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE [PRODUCED AS ANNEXURE-A] IN W.P.NO.3908/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE-575 010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE-575 010 (BY SRI. SUBRAMANYA R, ADVOCATE) AND:
M/S. DELTA INFRALOGISTICS (WORLD WIDE) LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT,1956 HAVING ITS OFFICE AT NO.201 ...PETITIONERS VEEKAY TOWERS, KULUR, MANGALORE-575 013 REPRESENTED BY ITS DIRECTOR MR SHAMIL AHMED MOUZAM S/O A MOHIUDDIN, AGED ABOUT 25 YEARS R/A 15-9-508, "SHAMIL", OPP. BENDOOR CHURCH ROAD, BENDOORWELL, MANGALORE-575 013 ... RESPONDENT (BY SRI. SHARATH NAGENDRA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.30/2016 DTD:15.3.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE [PRODUCED AS ANNEXURE-A].
IN W.P.NO.3918/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE-575 010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE-575 010 (BY SRI. SUBRAMANYA R, ADVOCATE) AND:
M/S. ASPINWALL & COMPANY PVT. LTD., A COMPANY REGISTERED UNDER THE ... PETITIONERS COMPANIES ACT,1956 HAVING ITS OFFICE AT NO.901 KULSHEKAR, MANGALORE-575 005 REPRESENTED BY ITS GPA HOLDER MR. SHEKARA POOJARI ... RESPONDENT (BY SRI. SHARATH NAGENDRA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.38/2016 DTD:15.3.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE [PRODUCED AS ANNEXURE-A] IN W.P. NO. 3910/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE-575 010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE-575 010 (BY SRI. SUBRAMANYA R, ADVOCATE) AND:
M/S. ASPINWALL & COMPANY PVT. LTD, A COMPANY REGISTERED UNDER THE COMPANIES ACT,1956, HAVING ITS OFFICE AT NO.901, KULSHEKAR, MANGALORE-575 005 REPRESENTED BY ITS GPA HOLDER MR SHEKARA POOJARI ... PETITIONERS ... RESPONDENT (BY SRI. SHARATH NAGENDRA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.34/2016 DTD:15.3.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE [PRODUCED AS ANNEXURE-A] IN W.P.NO.3914/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE-575010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER NEW MANGALORE PORT TRUST, PANAMBUR, MANGALORE-575010 (BY SRI. SUBRAMANYA R, ADVOCATE) AND:
M/S. CARGO LINKS A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT 1ST FLOOR, ABCO TRADE CENTRE, KOTTARA CHWOKI, MANGALORE-575006 REPRESENTED BY ITS MANAGING PARTNER MR.JEETHAN SEQUEIRA, AGED ABOUT 41 YEARS, S/O GERALD SEQUEIRA R/AT FLAT NO.804 CLASSIQUE PRESIDENCY, KANKANADY, MANGALORE-575002 ... PETITIONERS ... RESPONDENT (BY SRI. SHARATH NAGENDRA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.39/2016 DTD:15.3.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE [PRODUCED AS ANNEXURE-A] IN W.P. NO. 3903/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE-575010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER NEW MANGALORE PORT TRUST, PANAMBUR, MANGALORE-575010 (BY SRI.SUBRAMANYA R, ADVOCATE) AND:
M/S. EVERGREEN SUPPLIERS A REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT KODIALBAL, MANGALORE-575003 REP BY ITS MANAGING PARTNER, SRI.U.K.UMMARABBA, AGED ABOUT 55 YEARS, S/O U.K.BAVA, RESIDING AT REHMATH MANZIL, KOTEPURA,ULLAL, MANGALORE-575020 ... PETITIONERS ... RESPONDENT (BY SRI. Y RAJENDRA PRASAD SHETTY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.29/2016 DTD:15.3.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE [PRODUCED AS ANNEXURE-A] IN W.P. NO. 3906/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE-575 010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE-575 010 (BY SRI.SUBRAMANYA R, ADVOCATE) AND:
M/S. ASPINWALL AND COMPANY PVT LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT,1956 HAVING ITS OFFICE AT NO.901 KULSHEKAR,MANGALORE-575 005 REPRESENTED BY ITS GPA HOLDER MR. SHEKARA POOJARI ... PETITIONERS ... RESPONDENT (BY SRI. SHARATH NAGENDRA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.35/2016 DTD:15.3.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE [PRODUCED AS ANNEXURE-A] IN W.P. NO. 3912/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE-575 010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE-575 010 ... PETITIONERS (BY SRI. SUBRAMANYA R, ADVOCATE) AND:
M/S. KINSHIP SERVICES (I) PVT. LTD., A PVT., LIMITED COMPANY, HAVING ITS OFFICE AT FLAT 104 1ST FLOOR,VEEKAY TOWERS, KULUR, MANGALORE-575 013 REP. BY ITS SR.GENERAL MANAGER, SRI J SURENDRA, AGED ABOUT 55 YEARS, S/O J ANANDA, R/AT "SRI RAM PRASAD" BAPPAL, MANGALORE-575 002.
... RESPONDENT (BY SRI. Y RAJENDRA PRASAD SHETTY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.37/2016 DTD:15.3.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE [PRODUCED AS ANNEXURE-A] IN W.P.NO. 3917/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE-575 010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE-575 010.
... PETITIONERS (BY SRI. SUBRAMANYA R, ADVOCATE) AND:
M/S. SRI GANESH SHIPPING AGENCY A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT DEREBAIL MANGALORE-575 006 REP. BY ITS MANAGING PARTNER SRI G NAGARAJA SHEETY, AGED ABOUT 59 YEARS S/O LATE K SANJEEVA SHETTY, R/A SRIRAM, PALANDAYA HILL, BEJAI CHURCH ROAD, MANGALORE-575 004 ... RESPONDENT (BY SRI. Y RAJENDRA PRASAD SHETTY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.44/2016 DTD:15.3.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANALORE [PRODUCED AS ANNEXURE-A] IN W.P. NO. 4403/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR MANGALORE-575010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER NEW MANGALORE PORT TRUST, PANAMBUR, MANGALORE -575010 (BY SRI.SUBRAMANYA R, ADVOCATE) AND:
M/S DIX SHIPPING CO., A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NMC COMPLEX BEACH ROAD, PANAMBUR MANGALORE -575010 REP. BY ITS MANAGING PARTNER MR DEVANANDA SHETTY, S/O LATE VENKAPPA SHETTY AGED ABOUT 61 YEARS, R/A DIV DEV CHALLET 2ND CROSS, BENDOREWEL MANGALORE -575002.
... PETITIONERS ... RESPONDENT (BY SRI.Y RAJENDRA PRASAD SHETTY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.26/2016 DTD:15.3.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANALORE [PRODUCED AS ANNEXURE-A] IN W.P. NO. 4404/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR MANGALORE -575010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER NEW MANGALORE PORT TRUST, PANAMBUR, MANGALORE- 575010 (BY SRI. SUBRAMANYA R, ADVOCATE) AND:
SRI CLIFFORD D’SOUZA AGED ABOUT 75 YEARS S/O ALOYSIUS JOHN D’SOUZA R/A KOLAMBE, BAJPE MANGALORE PROPRIETOR M/S EXPORT TRADELINK AGENCIES HAVING ITS OFFICE AT 3RD FLOOR PUNJA BUILDING, LALBAGH MANGALORE- 575003 ... PETITIONERS ... RESPONDENT (BY SRI.Y RAJENDRA PRASAD SHETTY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.27/2016 DTD:15.3.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANALORE [PRODUCED AS ANNEXURE-A] IN W.P. NO. 4433/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE - 575010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER, NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE -575010.
(BY SRI. SUBRAMANYA R, ADVOCATE) AND:
... PETITIONERS M/S HASSAN HAJEE & COMPANY A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT KHADEEJA COURT, BUNDER, MANGALORE-575 001 REPRESENTED BY ITS PARTNER, SRI.MOHAMMED AMEEN, AGED ABOUT 37 YEARS, S/O B.KUNHI AHMED, R/AT HASNAIN NADIR, BERALAKATTE.
... RESPONDENT (BY SRI. SHARATH NAGENDRA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.48/2016 DTD:15.3.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE [PRODUCED AS ANNEXURE-A].
IN W.P. NO. 4434/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR MANGALORE -575010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER NEW MANGALORE PORT TRUST, PANAMBUR, MANGALORE -575010 (BY SRI.SUBRAMANYA R, ADVOCATE) AND:
... PETITIONERS M/S HASSAN HAJEE & COMPANY A REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT KHADEEJA COURT, BUNDER, MANGALORE 575001 REPRESENTED BY ITS PARTNER, SRI MOHAMMED AMEEN AGED ABOUT 37 YEARS, S/O B KUNHI AHMED R/A HASNAIN NADIR BERALAKATTE MANGALORE-575018.
... RESPONDENT (BY SRI.SHARATH NAGENDRA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.49/2016 DTD:15.3.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE DAKSHINA KANNADA, MANGALORE [PRODUED AS ANNEXURE-A] IN W.P. NO. 3909/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR MANGALORE-575010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER NEW MANGALORE PORT TRUST, PANAMBUR, MANGALORE-575010 (BY SRI. SUBRAMANYA R, ADVOCATE) AND:
M/S. WORLDWIDE SHIPPING INC A REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO.201, VEEKAY TOWERS, KULUR, MANGALORE-575013 REPRESENTED BY ITS PARTNER, MR SHAHANAZ MOHIUDDIN, S/O MOHIUDDIN, AGED ABOUT 36 YEARS, R/A 15-9-508, “SHAMIL”, OPP: BENDOOR CHURCH ROAD, BENDOORWELL, MANGALORE-575013.
... PETITIONERS ... RESPONDENT (BY SRI. SHARATH NAGENDRA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.36/2016 DTD:15.3.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANALORE [PRODUCED AS ANNEXURE-A] IN W.P. NO. 4430/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR MANGALORE- 575010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER NEW MANGALORE PORT TRUST, PANAMBUR, MANGALORE- 575010 (BY SRI. SUBRAMANYA R, ADVOCATE) AND:
... PETITIONERS M/S HASSAN HAJEE & COMPANY A REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT KHADEEJA COURT, BUNDER, MANGALORE -575001 REPRESENTED BY ITS PARTNER, SRI MOHAMMED AMEEN AGED ABOUT 37 YEARS, S/O B KUNHI AHMED R/A HASNAIN NADIR BERALAKATTE MANGALORE-575018.
... RESPONDENT (BY SRI.SHARATH NAGENDRA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.45/2016 DTD:15.3.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANALORE [PRODUCED AS ANNEXURE-A] IN W.P. NO. 3911/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE-575 010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE-575 010 (BY SRI. SUBRAMANYA R, ADVOCATE) AND:
M/S. WORLDWIDE SHIPPING INC A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.201,VEEKAY TOWERS, KULUR, MANGALORE-575 013 REPRESENTED BY ITS PARTNER MR SHAHANAZ MOHIUDDIN, S/O MOHIUDDIN, AGED ABOUT 36 YEARS R/AT 15-9-508, "SHAMIL", OPP: BENDOOR CHURCH ROAD, BENDOORWELL, MANGALORE-575 013.
... PETITIONERS ... RESPONDENT (BY SRI. SHARATH NAGENDRA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.31/2016 DTD:15.3.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE [PRODUCED AS ANNEXURE-A] IN W.P. NO. 3916/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST, PANAMBUR MANGALORE-575010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER NEW MANGALORE PORT TRUST, PANAMBUR, MANGALORE-575010.
(BY SRI. SUBRAMANYA R, ADVOCATE) AND:
... PETITIONERS M/S. SRI GANESH SHIPPING AGENCY A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT DEREBAIL MANGALORE-575006 REPRESENTED BY ITS MANAGING PARTNER, SRI.G.NAGARAJA SHEETY, AGED ABOUT 59 YEARS, S/O LATE K. SANJEEVA SHETTY, R/AT SRIRAM, PALANDAYA HILL BEJAI CHURCH ROAD, MANGALORE-575004.
... RESPONDENT (BY SRI.SHARATH NAGENDRA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.42/2016 DTD:15.3.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE [PRODUCED AS ANNEXURE-A] IN W.P. NO. 3907/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE-575 010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE-575 010 (BY SRI.SUBRAMANYA R, ADVOCATE) AND:
M/S. DIX SHIPPING CO., A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NMC COMPLEX, BENCH ROAD, PANAMBUR, MANGALORE-575 010 REPRESENTED BY ITS MANAGING PARTNER SRI DEVANANDA SHETTY, S/O LATE VENAKAPPA SHETTY, AGED ABOUT 61 YEARS R/A DIV DEV CHALLET, 2ND CROSS, BENDORWELL, MANGALORE-575 002.
... PETITIONERS ... RESPONDENT (BY SRI. Y RAJENDRA PRASAD SHETTY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.32/2016 DTD:15.3.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE [PRODUCED AS ANNEXURE-A] IN W.P. NO. 4436/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE - 575010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER, NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE -575010.
(BY SRI. SUBRAMANYA R, ADVOCATE) AND:
M/S HASSAN HAJEE & COMPANY A REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT KHADEEJA COURT, BUNDER, MANGALORE - 575001 REPRESENTED BY ITS PARTNER, SRI MOHAMMED AMEEN AGED ABOUT 37 YEARS S/O B KUNHI AHMED, R/A HASNAIN NADIR, BERALAKATTE, MANGALORE – 575018.
... PETITIONERS ... RESPONDENT (BY SRI.SHARATH NAGENDRA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICELS 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.46/2016 DTD:15.3.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE [PRODUCED AS ANNEXURE-A] IN W.P. NO. 4399/2018 BETWEEN 1. NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE-575 010 REPRESENTED BY ITS CHAIRMAN.
2. ESTATE OFFICER NEW MANGALORE PORT TRUST, PANAMBUR, MANGALORE-575 010.
PETITIONERS (BY SRI. SUBRAMANYA R, ADVOCATE) AND:
M/S EVERGREEN SUPPLIERS A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT KODIALBAIL, MANGALORE-575 003 REPRESENTED BY ITS MANAGING PARTNER, MR.UMMARABBA, AGED ABOUT 56 YEARS, S/O U.K.BAVA, ...
R/AT REHAMAT MANZIL, KOTEPURA, MANGALORE-575 020.
... RESPONDENT (BY SRI. Y RAJENDRA PRASAD SHETTY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.25/2016 DATED 15.03.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHIN KANNADA, MANGALORE, (PRODUCED AS ANNEXURE-A); AND ETC., IN W.P.NO.4406/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE - 575010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER, NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE -575010 ... PETITIONERS (BY SRI. SUBRAMANYA R, ADVOCATE) AND:
M/S DELTA INFRALOGISTICS (WORLDWIDE LIMITED) A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING ITS OFFICE AT NO 201, VEEKAY TOWERS, KULUR, MANGALORE - 575013 REPRESENTED BY ITS DIRECTOR, MR SHAMIL AHMED MOUZAM AGED ABOUT 25 YEARS, S/O A MOHIUDDIN, R/A 15-9-5608, SHAMIL OPP. BENDOOR CHURCH ROAD, BENDOORWELL, MANGALORE AS PER BOARD RESOLUTION DATED 30.07.2016 ... RESPONDENT (BY SRI. SHARATH NAGENDRA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.28/2016 DTD:15.03.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE [PRODUCED AS ANNEXURE-A] IN W.P.NO.4427/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR MANGALORE-575010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER NEW MANGALORE PORT TRUST PANAMBUR MANGALORE-575010 (BY SRI.SUBRAMANYA R, ADVOCATE) AND:
M/S DELTA INFRALOGISTICS (WORLDWIDE LIMITED) A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT NO.201 VEEKA TOWERS, KULUR MANGALORE-575013 REP. BY ITS DIRECTOR MR SHAMIL AHMED MOUZAM ... PETITIONERS AGED ABOUT 25 YEARS S/O A MOHIUDDIN R/A 15-9-5608, SHAMIL OPP.BENDOOR CHURCH ROAD BENDOORWELL MANGALORE AS PER BOARD RESOLUTION DATED 30/07/2016 ... RESPONDENT (BY SRI.SHARATH NAGENDRA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.19/2016 DTD:15.3.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE [PRODUCED AS ANNEXURE-A] IN W.P.NO.4429/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE - 575010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER, NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE -575010 (BY SRI. SUBRAMANYA R, ADVOCATE) AND:
M/S DIX SHIPPING CO A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT ... PETITIONERS NMC COMPLEX, BEACH ROAD, PANAMBUR, MANGALORE - 575 010 REP. BY ITS MANAGING PARTNER MR. DEVANANDA SHETTY S/O LATE VENKAPPA SHETTY AGED ABOUT 61 YEARS, R/A DIV DEV CHALLET 2ND CROSS, BENDOREWEL MANGALORE - 575 002.
... RESPONDENT (BY SRI. Y RAJENDRA PRASAD SHETTY, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.47/2016 DTD:15.03.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE [PRODUCED AS ANNEXURE-A].
IN W.P. NO. 4432/ 2018 BETWEEN 1. NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE - 575010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER, NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE -575010 (BY SRI.SUBRAMANYA R, ADVOCATE) AND:
M/S SICAL LOGISTIS LTD ... PETITIONERS A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT 1913 HAVING ITS OFFICE AT LALBAGH TOWER 4TH FLOOR, M.G.ROAD, JAIL CROSS ROAD, MANGALORE - 575 003 REPRESENTED BY ITS BRANCH HEAD, MOHD, SHAFIQUE KHAN, S/O MOHD. IDRIS AGED ABOUT 36 YEARS ... RESPONDENT (BY SRI. Y RAJENDRA PRASAD SHETTY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.51/2016 DTD:15.03.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE [PRODUCED AS ANNEXURE-A] IN W.P. NO. 4435/ 2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE - 575010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER, NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE -575010 (BY SRI.SUBRAMANYA R, ADVOCATE) AND:
... PETITIONERS M/S ALVARES & THOMAS A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT ALVARES CENTRE, NANTHOOR, MANGALORE-575 006 REPRESENTED BY ITS MANAGING DIRECTOR, MRS.HELEN ALVARES, AGED ABOUT 50 YEARS, D/O LATE CAPT,. K.S.ALVARES, RA/T RHI CASA MARIE, NANTHOOR, MANGALORE-575 005.
... RESPONDENT (BY SRI. Y RAJENDRA PRASAD SHETTY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.21/2016 DTD:15.03.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE [PRODUCED AS ANNEXURE-A] IN W.P.NO. 4437/2018 BETWEEN:
1. NEW MANGALORE PORT TRUST PANAMBUR MANGALORE -575010 REPRESENTED BY ITS CHAIRMAN 2. ESTATE OFFICER NEW MANGALORE PORT TRUST, PANAMBUR, MANGALORE 575010 ... PETITIONERS (BY SRI. SUBRAMANYA R, ADVOCATE) AND:
M/S DELTA INFRALOGISTICS (WORLDWIDE LIMITED) A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956, HAVING ITS OFFICE AT NO.NO.201 VEEKA TOWERS, KULUR MANGALORE 575013 REPRESENTED BY ITS DIRECTOR, MR SHAMIL AHMED MOUZAM AGED ABOUT 25 YEARS, S/O A MOHIUDDIN R/A 15-9-5608, SHAMIL OPP. BENDOOR CHURCH ROAD, BENDOORWELL, MANGALORE AS PER BOARD RESOLUTION DATED 30.07.2016 ... RESPONDENT (BY SRI. SANJANTHI SAJAN POOVAYYA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.22/2016 DTD:15.03.2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE [PRODUCED AS ANNEXURE-A] THESE PETITIONS COMING ON FOR FURTHER HEARING THIS DAY, THIS COURT MADE THE FOLLOWING:
O R D E R A short point that arises for consideration in these writ petitions revolves around limitation for recovery of pre-fixed ‘service charges’ from petitioners by respondent under The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short ‘Act’) namely;
“Whether New Mangalore Port Trust (NMPT) was entitled to recover arrears of rent for the period 20.02.2007 ending upto 31.12.2010 by issuing notices of demand dated 12.08.2015?”
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