JSW Steel Ltd. formerly known as Ispat Industries Ltd. vs THE BOARD TRUSTEES OF THE MUMBAI PORT TRUST

Judgment text excerpt

WP_2127_96.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2127 OF 1996 JSW Steel Limited formerly known as ISPAT Industries Limited … Petitioner vs. The Board of Trustees of the Mumbai Port Trust and others … Respondents WITH INTERIM APPLICATION (L) NO.17073 OF 2025 WITH INTERIM APPLICATION (L) NO.29912 OF 2025 WITH INTERIM APPLICATION (L) NO.13670 OF 2025 IN WRIT PETITION NO.2127 OF 1996 --- Mr. Surel Shah, Senior Advocate a/w. Ms. Fatema Kachwalla and Ms.Meher Mistri, i/b. J. Sagar Associates for petitioner and for applicant in IAL/17073/2025 and IAL/29912/2025. Mr. Venkatesh Dhond, Senior Advocate a/w. Mr. Dhruva Gandhi and Ms. Heenal Wadhwa, i/b. The Law Point for respondent No.1. Mr. S. Shamim a/w. Mr. Murtuza Slatewala, i/b. S. Shamim and Co. for respondent No.2. Mr. Shyam Kapadia a/w. Mr. Vikas V. Warekar and Mr. Shamant Satia, i/b. Warekar and Warekar for respondent No.3 and for applicant in IAL/13670/2025. CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ. Reserved on : FEBRUARY 17, 2026 Pronounced on : APRIL 10, 2026 JUDGEMENT : (Per Justice Manish Pitale) . The proceedings in this petition were remitted by the Supreme Court by its order dated 14.02.2025, after setting aside order dated 1/42 WP_2127_96.doc 13.08.2021 passed by a Division Bench of this Court, disposing of the writ petition as infructuous, on the basis of the events that took place during the pendency of the petition. The Supreme Court found that the writ petition could not have been disposed of, as a pure question of law was required to be decided in the light of Section 14 of the Indian Ports Act, 1908 (for short ‘the said Act’) and that in that context, the lis between the parties was very much alive. The Supreme Court requested this Court t