1987 (3) TMI 270

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....idhwa for Respondents No. 1 & 2 and Mr. M.O. Chinoy, i/b M/s. Mulla & Mulla, for Respondent No. 3. [Oral Judgment (per : Desai J)].  - This is an appeal from the decision of the Single Judge rejecting the Writ Petition in limine. The appellant's main contention has been based upon the provisions contained in Section 48 of the Major Port Trusts Act, 1968. It has been submitted that Secti....

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....sion was made before us. 2. It was also urged that the original Writ Petition was preferred after considerable delay and beyond the special period of limitation prescribed under Section 120 of the Major Port Trusts Act, 1963. This section prescribes a special period of limitation in respect of the things done under the Act. Our attention was drawn by Mr. Chinoy in this connection to the observa....

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....ods. Bearing the entire factual background in view and the argument that the necessary submission has not been specifically mentioned in the Writ Petition, it does not appear that the Writ Petition is required to be rejected in limine on the ground of delay, although certainly there is delay at both the stages, viz. delay of few months in. filing the Writ Petition and delay of about nearly an year....