Francisco Almeida Vs. Board of Trustees of Port of Mormugao [1993] INSC 240 (27 April 1993)

Agrawal, S.C. (J) Agrawal, S.C. (J) Venkatachala N. (J)

CITATION: 1994 SCC Supl. (2) 506

ACT:

HEAD NOTE:

ORDER

1.Mr 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.

This 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.

2. With these observations, the special leave petition is dismissed.

 Back