Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.148 OF 2010
(Arising out of S.L.P. (C) No.11825 of 2009)
M/s. Frost International Limited ...Appellant(s)
Versus
Union of India & Ors. ...Respondent(s)
O R D E R
Heard learned counsel on both sides.
Leave granted.
Normally, this Court does not interfere with the
impugned orders.
Learned Solicitor General, however, in his usual
fairness, points out that, in this particular case, the
High Court needs to consider the scope and applicability
th th
of the Regulations dated 16 March, 2009 [notified on 17
th
March, 2009], Guidelines dated 24 January, 1992, Board's
th
Circular dated 26 June, 2002, as also Notification
th
No.16/2005 dated 30 December, 2005. We may also state
that these documents were not placed before the High Court
when the impugned order came to be passed. The High
Court will also consider whether the Regulations have
retrospective effect so as to cover the facts of this
case.
...2/-
- 2 -
As regards Notification No.16/2005, learned counsel
for the Mumbai Port Trust [Respondent No.5] states that
the said notification has no application to the present
case because it applies to Jawaharlal Nehru Port Trust,
which is not concerned with the controversy herein,
particularly, because, in this case, we are concerned with
Mumbai Port Trust for which there is no such notification.
Accordingly, the impugned order is set aside and
the matter is remitted to the High Court for de novo
consideration in accordance with law. If the High Court
so deems fit, it can even take up the writ petition for
final hearing.
The civil appeal stands, accordingly, allowed of
with no order as to costs.
......................J.
[S.H. KAPADIA]
......................J.
[SWATANTER KUMAR]
New Delhi,
January 11, 2010.