1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT APPEAL NO.4487 OF 2013 (GM-RES) IN WRIT PETITION NOS.34491 & 34874/2011 (GM-RES) BETWEEN: M/S HASAN HAJEE & COMPANY A PARTERSHIP FIRM HAVING ITS OFFICE AT 20/8/678 KHADEEJA COURT, NEAR OLD MUNICIPAL OFFICE ROAD, BUNDER, MANGALORE-575001, REPRSENTED BY ITS MANAGING PARTNER SRI B KUNHI AHMED. ...APPELLANT (BY SRI MANU KULKARNI, ADVOCATE) AND: 1. UNION OF INDIA, MINISTRY OF SHIPPING, NO.1, TRANSPORT BHAVAN, PARLIAMENT STREET, NEW DELHI-110001 BY ITS SECRETARY 2. THE CHAIRMAN, TARIFF AUTHORITY FOR MAJOR PORTS, 4TH FLOOR, BHANDAR BAHVAN MUZAWAR PAKHADI ROAD MAZGAON, MUMBAI-400010. 3. THE CHAIRMAN, NEW MANGALORE PORT TRUST, 2 PANAMBUR, MANGALORE-575010. ...RESPONDENTS (BY SRI UNNIKRISHNAN M, SR.CGC FOR R1 AND R2 - ABSENT SRI SUBRAMANYA R, ADVOCATE FOR R3 - ABSENT) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 34491/2011 & 34874/2011 DATED 28/6/13. THIS APPEAL COMING ON FOR ORDERS THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT

The learned counsel for the appellant submitted that on account of efflux of time, the issue involved in this appeal is rendered academic. However, it is made clear that the issue involved in this appeal is kept open to be agitated as and when occasion arises including the pending proceedings, if any. With the aforesaid liberty, the appeal is disposed of. Sd/- JUDGE Sd/- JUDGE BKM

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT APPEAL NO.4487 OF 2013 (GM-RES) IN WRIT PETITION NOS.34491 & 34874/2011 (GM-RES) BETWEEN: M/S HASAN HAJEE & COMPANY A PARTERSHIP FIRM HAVING ITS OFFICE AT 20/8/678 KHADEEJA COURT, NEAR OLD MUNICIPAL OFFICE ROAD, BUNDER, MANGALORE-575001, REPRSENTED BY ITS MANAGING PARTNER SRI B KUNHI AHMED. ...APPELLANT (BY SRI MANU KULKARNI, ADVOCATE) AND: 1. UNION OF INDIA, MINISTRY OF SHIPPING, NO.1, TRANSPORT BHAVAN, PARLIAMENT STREET, NEW DELHI-110001 BY ITS SECRETARY 2. THE CHAIRMAN, TARIFF AUTHORITY FOR MAJOR PORTS, 4TH FLOOR, BHANDAR BAHVAN MUZAWAR PAKHADI ROAD MAZGAON, MUMBAI-400010. 3. THE CHAIRMAN, NEW MANGALORE PORT TRUST, 2 PANAMBUR, MANGALORE-575010. ...RESPONDENTS (BY SRI UNNIKRISHNAN M, SR.CGC FOR R1 AND R2 - ABSENT SRI SUBRAMANYA R, ADVOCATE FOR R3 - ABSENT) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 34491/2011 & 34874/2011 DATED 28/6/13. THIS APPEAL COMING ON FOR ORDERS THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT

The learned counsel for the appellant submitted that on account of efflux of time, the issue involved in this appeal is rendered academic. However, it is made clear that the issue involved in this appeal is kept open to be agitated as and when occasion arises including the pending proceedings, if any. With the aforesaid liberty, the appeal is disposed of. Sd/- JUDGE Sd/- JUDGE BKM