SKS LOGISTICS I LIMITED Vs. MUMBAI PORT TRUST

JUDGEMENT

(1.) Rule. Learned counsel appearing for respective respondents waive service of Rule. With the consent of the learned counsel appearing for the parties, the matter is taken up for final hearing at the admission stage itself.

(2.) By filing this petition, the petitioners have challenged the decision of respondent No.1 by which respondent No.2 has been granted license to handle container traffic at the Ballard Pier Station Container Terminal (BPS) at the Port of Mumbai to the exclusion of others for a period of five years from the date of the license agreement or two years from the date of commissioning of Offshore Container Terminal (OCT) whichever is earlier. According to the petitioners, the said action of respondent No.1 amounts to conferring a monopoly upon respondent No.2. It is also prayed that a direction may be issued to the respondents to forthwith cease and desist from in any manner preventing the petitioners from carrying on their business of using the Berth 14 VD or any other suitable available berth in accordance with law with a further direction that the petitioners be provided with necessary logistical support such as transport etc. by respondent No.1 for handling the containers. The petitioners also prayed for an appropriate writ, order or direction for setting aside the letter dated 28th March, 2008, issued by respondent No.1 by which it was clarified that respondent No.2 would handle all containers discharged/shipped from/to the petitioners gearless barges at BPS berth.

(3.) The petitioners are a Company, incorporated under the provisions of the Companies Act, 1956. The respondent No.1 is in charge of all operations conducted at the Mumbai Port Trust and respondent No.2 Company is carrying on business as BOT Operator for offshore container terminal with whom respondent No.1 has entered into a license agreement. The case of the petitioners is that it is carrying on business of container transportation between the Mumbai Port Trust (hereinafter for brevity sake referred to as "MPT") and Jawaharlal Nehru Port Trust (hereinafter for brevity sake referred to as "JNPT") and in the course of its business, the petitioners carry on business of carrying the containers to and from JNPT to MPT for the last several years. According to the petitioners, these operations are trans-shipping of containers, whereby the containers unloaded from large container ships at one Port, are transhipped in small lots as per the shippers requirements to another terminal which is not too distant. It is the case of the petitioners that the operations at the MPT is being carried out by the petitioners at Berth 14 at the Victoria Dock and for the said purpose, the petitioners use barges and shore-based crane for loading and unloading the containers. It is the case of the petitioners that they are using its own small barges which do not have their own onboard cranes, which are known as Gearless Container Vessels. According to the petitioners, the petitioners are the sole and the largest shippers transporting the containers between MPT and JNPT and for the purpose of carrying on their business, the petitioners are using the logistical support from MPT by way of transport and other infrastructure. It is also the case of the petitioners that the petitioners perform an important public service by helping to decongest the Ports and Bombay Harbour and by economically transshipping small container loads from one Port to the neighbouring Port.