Goyal Traders v. Metal Scrap Trade Corporation LTD.
1987-03-31
R.S.PATHAK, RANGANATH MISRA
body1987
DigiLaw.ai
(1) SPECIAL leave granted. (2) THERE are five claimants to the two plots open to allotment by the Gujarat Maritime Board (GMB for short), the claimants being Rajeev Shipbreakers, Vikas Shipping Corporation, Shri Lal Chand Jain and Sons, M/s Mahalaxmi Shipbreaking Corporation and M/s Goyal Traders. The division bench of the High court has reversed the decision of the Single Judge and has found that the two plots should be allotted to Rajeev Shipbreakers and Vikas Shipping Corporation. The Gujarat Maritime Board states that although there are only two plots available at present, it is prepared to develop three more posts for allotment to the remaining three shipbreakers provided that respondent 1, Metal Scrap Trade Corporation (MSTC for short) agrees for such allotment and makes allotment of ships in favour of the intending shipbreakers. Counsel for MSTC has referred us to a communication from the Gov- ernment of India expressing itself against allocation of more shipbreak- ing plots than those already existing. Having regard to the facts and cir- cumstances before us, we think it appropriate to direct CMB to grant an individual plot to each of the other claimants - Lal Chand Jain and Sons, M/s Goyal Traders and M/s Mahalaxmi Shipbreaking Corporation. We do not disturb the direction of the High court in favour of Rajeev Shipbreakers and Vikas Shipping Corporation and leave it to the GMB to allot three more plots one to each of these claimants - after developing the same. Such allotment would be made by the Board within three months from today, each plot being allotted as soon as the same is ready for delivery in such order as the Board may decide. The MSTC will allot ships to these three claimants in accordance with the guidelines laid down by it for the relevant year. We make it clear that the plots and the ships already allotted to Vikas Shipping Corporation and Rajeev Ship- breakers will remain undisturbed.