HALLIBURTON OFFSHORE SERVICES INC & ANR. Vs. PRINCIPAL OFFICER OF MERCANTILE MARINE DEPARTMENT & ORS.

JUDGEMENT

(1.) Leave granted.

(2.) The assail in the present appeal, by special leave, is to the judgment and order dated 25.07.2016 passed by the High Court of Judicature at Bombay in Writ Petition No. 1668 of 2016 whereby it has quashed the order dated 13.04.2016 passed by the Principal Officer, Mercantile Marine Department, the first respondent herein, revoking the Provisional Certificate of Registration (PCOR) dated 16.10.2015 issued in respect of "Vessel Sita Devi" on the basis of materials coming to its notice. It is necessary to state here that the 4th respondent, Oil and Natural Gas Corporation Limited (ONGC) had issued a tender inviting competitive bids for the charter hire of a stimulation vessel for Mumbai Offshore for three years on the terms and conditions set out in the tender. One of the terms and conditions basically related to get a PCOR. For the present, I am not concerned with the tender conditions and compliance thereof, for this Court though heard the learned counsel appearing for the parties on facts as well as on law, but at the subsequent stage, it was thought apposite that the Court should answer the issue relating to law inasmuch as it is fundamentally required to be dealt with what are the requirements to get a PCOR under Sec. 40 of the Merchant Shipping Act, 1958 (for brevity, "the Act"). Therefore, I shall advert to the law in that regard and answer the same and, thereafter the controversy shall be dealt with on the basis of the judgment presently rendered and other facts, if required.

(3.) For the determination of the issue, I have heard Shri Kapil Sibal, learned senior counsel for the appellants, Shri Mukul Rohatgi, learned Attorney General for India and Shri Ajit Kumar Sinha, learned senior counsel for the Union of India, Shri C.A. Sundaram, learned senior counsel for the respondent No. 5 and Dr. Abhishek Manu Singhvi, learned senior counsel for respondent No. 7. It is worthy to mention that Shri Mukul Rohatgi has also addressed the Court on behalf of ONGC.