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Bombay High Court

ARVIND MOHAN RAOversusMAHARASHTRA MARITIME BOARD

Decided
Disposal
Disposed Off

Holding

The Regional Port Officer must pass a reasoned order for rectification of a vessel's Certificate of Registration, and the impugned orders are quashed.

Summary

The petition challenges two orders of the Regional Port Officer, Bandra Group of Ports, which corrected the Certificate of Registration of the vessel S.B. Avis Ark to reflect ownership by M/s TIK 158 Enterprises Pvt Ltd and its directors. The petitioner argues that the corrections were made without a reasoned order, violating Section 28 of the Inland Vessels Act, 2021, and that the officer lacked jurisdiction after a prior suspension order was set aside. The respondents contend that the corrections were purely administrative, that the petitioner had initially consented to the changes, and that recording reasons was not mandatory. The Court held that a reasoned order is essential for administrative decisions affecting civil rights and quashed the impugned orders, remitting the application back to the Regional Port Officer to rehear with an opportunity of hearing and to pass a reasoned order. Consequently, the petition was allowed and the parties were directed to appear before the officer on a specified date.

Issues considered

  • Whether the Regional Port Officer was required to pass a reasoned order under Section 28 of the Inland Vessels Act, 2021 while rectifying the Certificate of Registration.
  • Whether the rectification orders were within the officer's jurisdiction given the earlier suspension of the certificate had been set aside.
  • Whether the absence of recorded reasons renders the rectification orders invalid.

Subjects

  • Certificate of Registration
  • Reasoned order
  • Administrative law
  • Inland Vessels Act
  • Maritime jurisdiction
  • Vessel ownership
  • Quashing of order

Judgment

                                                                              6-WP-1863-2026.DOC




                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION
                                        WRIT PETITION NO. 1863 OF 2026


                      Arvind Mohan Rao                                           ..Petitioner
                            Versus
                      Maharashtra Maritime Board & Ors                       …Respondents

                      Mr. Rohan Savant, with Aagam Mehta, i/b Shivam Gawde, for the
                            Petitioner.
                      Mr. Nishigandh Patil, for Respondent Nos. 1 & 4.
                      Mr. Ankit Lohia, with Yash Momaya, Laveena Tejwani and Prasad
                            Mhamunkar, i/b NDB Law, for Respondent No.2.

                                                  CORAM:         N. J. JAMADAR, J.
                                                  DATE :         17th AUGUST 2026


                      ORAL ORDER:

                      1.    Heard the learned Counsel for the parties.

                      2.    The challenge in this Petition is to the orders passed by the

                      Regional Port Officer, Bandra Group of Ports.

ARUN                  3.    By an order dated 14th June 2026 the Certificate of Registration,
RAMCHANDRA
SANKPAL
Digitally signed by
ARUN RAMCHANDRA
                      came to be initially corrected to show that the Vessel S.B. -Avis Ark is
SANKPAL
Date: 2026.08.19
09:23:04 +0530
                      registered in the name company, M/s TIK 158, Enterprises Private

                      Limited.

                      4.     By another order dated 16th January 2026 the certificate was

                      further modified to show the names of the Petitioner and Respondent



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No.2, Ms Sandhaya Gupta; the directors of M/s TIK 158 Enterprises

Private Limited, as the owners of the said Vessel.

5.    The said Vessel was initially registered as an inland vessel in the

name of Mr. Arvind Rao, Director of TIK 158 Enterprises Pvt Ltd.

6.    The genesis of this Petition and the proceedings before the Port

Authority is in the disputes between the Petitioner and Respondent No.2

over the management of the affairs of TIK 158 Enterprises Pvt Ltd.

Multiple proceedings have ensued between the parties.

7.    In view of the corrections carried out by Respondent No.1 in the

purported exercise of power to rectify the Certificate of Registration

under Section 28 of the Inland Vessels Act, 2021 (“the Act, 2021”),

Respondent No.1 was directed to file an Affidavit to indicate as to

whether Respondent No.1 has passed a reasoned order.

8.    An Affidavit is filed by Mr. C.J. Lepande, Regional Port Officer,

Bandra Group of Ports to the effect that, after providing an opportunity

of hearing to the parties, the rectifications in the Certificate of

Registration were carried out. Evidently, no reasoned order was passed

by the Regional Port Officer.

9.    Mr. Lohia, the learned Counsel for Respondent No.2, submitted

that the corrections carried out in the Certificate of Registration are

purely administrative in nature and it was not absolutely warranted to

record the reasons. In any event, Mr. Lohia would submit, the Petitioner


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himself had initiated the proposal to record the names of the company

as well as both the directors as the registered owners of the Vessel.

Respondent No.2 had acceded to the said proposal. Thereafter, the

Petitioner resiled from the said proposal. At any rate, since the rectified

Registration Certificate indicates the correct position, the Petitioner

cannot have grievance, urged Mr. Lohia.

10.   Mr. Savant, the learned Counsel for the Petitioner, submitted that

the said proposal was made at the stage when the Certificate of

Registration was suspended by the Port Authority. Subsequently, this

Court passed an order on 16th October 2025, whereby the said

suspension order was set aside. Thereafter, Respondent No.2 filed an

Application for rectification of the Certificate of Registration. No

grounds envisaged by the Section 28 of the Act, 2021 are made out.

Therefore, the order of the Regional Port Officer was sans jurisdiction.

In any event, it was incumbent upon the Regional Port Officer to pass a

reasoned order.

11.   Without delving into the merits of the decision taken by the

Regional Port Officer, the Petition deserves to be allowed on the sole

ground that the Regional Port Officer has not recorded reasons in

support of his decisions in rectifying the Certificate of Registration. The

requirement of recording the reasons, even when a decision is in

exercise of administrative powers, is not an empty formality, where such


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decision has civil consequences. The reasons are the soul of the

decision. The legality, propriety and correctness of the decision cannot

be tested sans reasons.

12.   Reliance placed by Mr. Savant on the decision in the case of

Kranti Associates Private Limited and Anr Vs Masood Ahmed Khan and

Ors,1 wherein it was inter alia enunciated that, “in India the judicial

trend has always been to record reasons, even in administrative

decisions, if such decisions affect anyone prejudicially”, appears to be

well-founded.

13.   Initial registration was in the name of Petitioner albeit in the

capacity of the director of M/s TIK 158 Enterprises Pvt Ltd. If there

were justifiable grounds for carrying out corrections in the Certificate of

Registration, it was incumbent upon Respondent No.1 to pass a

reasoned order.

14.   For the forgoing reasons, the Petition deserves to be allowed.

15.   Hence, the following order:

                                  :ORDER:

      (i)     The Petition stands allowed.

      (ii)    Impugned orders dated 14th January 2026 and 16th January

      2026 stand quashed and set aside.

      (iii)   The Application dated 4th December 2025 filed by

      Respondent No.2 stands remitted back to the Regional Port
1     (2010) 9 SCC 496.
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      Officer to hear and decide the same afresh after providing an

      opportunity of hearing to the parties.

      (iv)   The parties shall appear before the Regional Port Officer on

      27th August 2026.

      (v)    The Regional Port Officer is requested to pass a reasoned

      order in accordance with law within a period of four weeks from

      27th August 2026.

      (vi)   All contentions of all the parties, including the contentions

      of the Petitioner that the correction was sans jurisdiction, and

      Respondent No. 2 that the Petitioner has given consent for

      carrying out the corrections in the name of registered owner of

      the Vessel and the impugned order dated 16 th January 2026,

      reflects the correct position of ownership of the Vessel, are kept

      open for consideration by the Regional Port officer.

      (vii) Both the parties shall maintain decorum before the Regional

      Port Officer at the time of hearing.



                                               [N. J. JAMADAR, J.]




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