Madras High Court
WP/15514/2022 of Atlantic Straits Vs Chennai Port Trust on 15 October 2026
WP No. 15514 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA
WP No. 15514 of 2022
CNR:{HCMA010880162022}
AND
WMP Nos. 14682 and 15356 OF 2022
1. Atlantic Straits
First Floor Gopala Krishna Complex,
Residency Road, Bengaluru, Karnataka-
560025 Rep by Power of Attorney Holder,
Mr.V.B.Sivaraman, S/o. Balasubramaniam,
aged 57 years Residing at 4 / 7, 3rd Street, East Abiramapuram, Mylapore, Chennai- 600 004.
2. Seaport Shipping Pvt. Ltd
Rep by its General Manager
Mr.V.B.Sivaraman Dheen Estate, First
Floor, New No.85, Moore Street, Chennai-
600001.
..Petitioner(s)
Vs
1. Chennai Port Trust
Rep by its Chairman 1 Rajaji Salai,
Chennai- 600 001.
2. The Board of Trustees
Chennai Port Trust, 1 Rajaji Salai,
Chennai- 600 001.
3. The Traffic Manager
Chennai Port Trust, 1 Rajaji Salai,
Chennai- 600 001.
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WP No. 15514 of 2022
4. M/s.Grace Group Singapore Pte.Ltd
1, North Bridge Road, No.07-10, High
Street, Centre, Singapore- 179094.
5. JBJL Logistics
107/68A, Millarpuram, Tuticorin, Tamil
Nadu- 628 008.
..Respondent(s)
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to direct the respondents 1 to 3 to mark lien over the cargo for the amounts payable to the 1st Petitioner towards the unpaid freight covered by Bill of Lading Which is in their custody as provided under section 60 of Major Port Trust Act, 1963.
For Petitioner(s):
Mr.V.B.Hari Narayan
For Respondent(s):
Mr.Haja Mohideen Gisthi
Standing Counsel For R1 To R3
Mr. S.Vasudevan For R4 and R5
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Order
The writ petition has been filed seeking a mandamus directing the respondents 1 to 3 to mark a lien over the cargo for the amounts payable to the 1st petitioner towards the unpaid freight covered by the Bill of Lading, which is in their custody, as provided under section 60 of the Major Port Trusts Act, 1963.
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WP No. 15514 of 2022
2. By order dated 01.07.2022, this Court had passed the following order: “4. The learned counsel for the petitioner submitted that the offer made by the 5th respondent is in substantial compliance of the interim order passed by this Court on 23.06.2022 and hence, the memo filed by the 5th respondent can be recorded and this submission was made without prejudice to the case of the petitioner on merits.
5. In view of the above, the original fixed deposit receipt that is drawn in favour of the Registrar General, Madras High Court dated 29.06.2022 for a sum of Rs.20,92,915/- is accepted as a substantial compliance of the interim order passed by this Court on 23.06.2022 and it is made clear that the lien mark over the cargo shall stand withdrawn. There shall be a further direction to the Registrar General, Madras High Court to renew the Fixed Deposit from time to time pending disposal of this writ petition.”
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WP No. 15514 of 2022
3. Today, Mr.Haja Mohideen Gisthi, learned counsel for respondents 1 to 3, has produced a communication of the Area Traffic Manager (C) dated 24.01.2023, wherein it is stated that, as the lien marked over the cargo was withdrawn, delivery of the balance cargo of 1782.740 MTs resumed on 03.07.2022 and was completed on 06.07.2022. Therefore, there remains no cargo over which a lien can be marked. Hence, nothing survives for consideration in this writ petition.
4. Accordingly, this writ petition is dismissed as infructuous. However, respondents 4 and 5 are at liberty to move an appropriate application with regard to the fixed deposit amount lying to the credit of the Registrar General. No costs. Consequently, connected miscellaneous petitions are closed. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SRN
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WP No. 15514 of 2022
To
1. The Chairman, Chennai Port Trust Rajaji Salai, Chennai- 600 001.
2. The Board of Trustees Chennai Port Trust, 1 Rajaji Salai, Chennai- 600 001.
3. The Traffic Manager Chennai Port Trust, 1 Rajaji Salai, Chennai- 600 001.
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WP No. 15514 of 2022
P.T.ASHA J. SRN WP No. 15514 of 2022 AND WMP Nos. 14682 and 15356 OF 2022 15-10-2026
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