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Halliburton Offshore Services Inc. & Anr. v. Principal Officer of Mercantile Marine Department & Ors.

In this special leave petition, the challenge is to the judgment and order passed by the High Court of Judicature at Bombay in Writ Petition No. 1668 of 2016, whereby it has quashed the order of revocation passed against the respondent No. 7 and restored the grant of Provisional Certificate of Registration under Section 40 of the Merchant Shipping Act, 1958.

 

(Dipak Misra and R. Banumathi, JJ.)

Halliburton Offshore Services Inc. & Anr. ______________ Petitioner(s)

v.

Principal Officer of Mercantile Marine Department & Ors. ______________________________________________ Respondent(s)

Petition(s) for Special Leave to Appeal (C) No. 25015/2016, decided on February 2, 2017

With S.L.P.(C) No. 24520/2016

The Order of the court was delivered by

Order

S.L.P.(C) No. 25015 of 2016

1. In this special leave petition, the challenge is to the judgment and order passed by the High Court of Judicature at Bombay in Writ Petition No. 1668 of 2016, whereby it has quashed the order of revocation passed against the respondent No. 7 and restored the grant of Provisional Certificate of Registration under Section 40 of the Merchant Shipping Act, 1958.

2. Initially, the learned counsel appearing for the parties argued the matter on facts as well as on law, but at a subsequent stage, it was thought apposite that this Court should answer the issue relating to law, inasmuch as it is fundamentally required to be dealt with what are the requirements to get a Provisional Certificate of Registration under Section 40 of the Act. In that regard, we have heard Mr. Kapil Sibal, learned senior counsel for the petitioners, Mr. Mukul Rohatgi, learned Attorney General and Mr. Ajit Kumar Sinha, learned senior counsel for the Union of India, Mr. C.A. Sundaram, learned senior counsel for the respondent No. 5, Dr. Abhishek Manu Singhvi and Mr. Shyam Divan, learned senior counsel for the respondent No. 7. Mr. Rohatgi has also addressed the Court on behalf of the O.N.G.C. We reserve the order with regard to this aspect.

S.L.P.(C) No. 24520 of 2016

3. Let this special leave petition be listed on 21st March, 2017.

4. The interim order passed on the earlier occasion shall remain in force until further orders.

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