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LegalFirms.in Judgments · legalfirms.in/judgments/jsw-steel-ltd-vs-the-board-of-trustees-of-the-mumbai-port-trust-mumbai-ors-20250214/ · Printed 07 Nov 2026
Civil · Reportable judgment

JSW Steel Ltd. vs The Board of Trustees of the Mumbai Port Trust Mumbai & Ors.

Court
Supreme Court of India
Date
14 February 2025
Case No.
Civil Appeal No. 3169 of 2025
Result
Allowed
Bench
Ahsanuddin Amanullah, Prashant Kumar Mishra
Citation
[2025] 2 S.C.R. 701 : 2025 INSC 257
Acts & Sections
Ports Act, 1908
Supreme Court Reports [2025] 2 S.C.R. 701 : 2025 INSC 257
Issue for consideration
Issue arose as regards the correctness of the order passed by the High Court by which it allowed respondent no.1 to withdraw the amount deposited in the court by the appellant and disposed of the writ petition as being infructuous.
Headnote

Ports Act, 1908 – s.14 – Raising or removal of wreck impeding navigation within limits of port – Appellant called upon to deposit a sum of Rs.70 lakhs for removal of wreck of a barge belonging to respondent no.3 which capsized while ferrying iron ore from the ship of the appellant to the port concerned – Writ petition by the appellant praying for prohibiting the respondents from insisting upon the appellant to remove the wreck of the barge and to deposit any amount as costs of such wreck – Case of the appellant that the Act places liability on the owner of the vessel concerned and, the owner of the vessel was respondent no.3 and not the appellant – High Court allowed respondent no.1-Mumbai Port Trust to withdraw the amount deposited in the court by the appellant and disposed of the petition as being infructuous – Sustainability:

Held: Not sustainable – The way the High Court approached the issue appears to be erroneous since the lis was very much alive, as a pure question of law stood raised was on whom the liability for clearing the wreckage was to be fastened – Impugned order did not deal with this fundamental issue – When on a purely legal issue, the appellant raised a legal objection, and also deposited the amount demanded by respondent no.1 in the High Court, the High Court was required to answer the question of law – No exercise was required involving disputed factual questions – Efflux of time is a result of systemic delay, not due to any laches on the part of the appellant – Impugned order set aside – Matter remanded back to High Court to dispose it expeditiously – Constitution of India – Art. 226. [Paras 6-9]

Keywords: Wreck of barge · Removal of wreck · Capsized barge · Deputy conservator · Owner of the vessel · Liability for the wreckage · Writ petition becoming infructuous · Pure question of law · Efflux of time · Systematic delay

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order Ahsanuddin Amanullah and Prashant Kumar Mishra, JJ. Leave granted. Heard learned senior counsel/counsel for the parties. BACKGROUND: 2. The appellant is aggrieved by the Impugned Order, by which Writ Petition No.2127/1996 filed by it before the High Court was disposed of. The High Court noted that the said writ petition principally sought the following reliefs: ‘(a) That this Hon’ble Court be pleased to issue a Writ of prohibition or a writ in the nature of prohibition or any other appropriate writ, order or direction under Article 226 of the Constitution of India, prohibiting the Res
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