Almeida Vs. Board of Trustees of Port
of Mormugao  INSC 240 (27 April 1993)
Agrawal, S.C. (J) Agrawal, S.C. (J) Venkatachala N. (J)
1994 SCC Supl. (2) 506
V.J. Francis, learned counsel for the petitioner submits that on an incorrect
interpretation of the relevant regulation the petitioner is being required to
obtain a no- objection certificate from all the steamer agents for the purpose
of getting the licence of ship chandler. It is urged that the only requirement
under the regulations is to obtain a no-objection certificate from the Customs
authorities and that after obtaining the licence the petitioner can obtain a
letter of permission from a steamer agent to carry on business as a ship chandler.
From the judgment of the High Court it does not appear that a no-objection
certificate is required to be obtained from all the steamer agents for the
purpose of getting a licence as a ship chandler. The High Court, while
considering the reasonableness of the regulation has held that since ship chandling
is a business which involves supply of food items to the vessels which are
berthed at the Port, the provision for no-objection certificate from ship's
agent can be held to be reasonable.
means that for working as a ship chandler under the regulations a no-objection
letter from the steamer agent for the vessel is required. Keeping in view the
said requirement, the petitioner can submit the application for licence which
may be considered in accordance with the regulations.
With these observations, the special leave petition is dismissed.