Court directs fresh hearing and prompt orders under Customs Brokers Licensing Regulation, ensuring procedural fairness and timely resolution.

The Court balanced equities by directing a fresh hearing and prompt orders under Regulation 19 of the Customs Brokers Licensing Regulation, 2013, after noting significant delays. The Commissioner was instructed to conduct a hearing within a week and pass orders within two weeks thereafter, ensuring procedural fairness and timely resolution. The writ petition was disposed of with these directions to address the delay in passing a confirming or revoking order after the initial hearing.

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Issues:
1. Quashing of order-in-original invoking powers under Regulation 19 of the Customs Brokers Licensing Regulation, 2013 and suspending CHA license.
2. Interpretation of Regulation 19(2) regarding the time limit for passing an order after a hearing.
3. Balance of equities in granting a fresh hearing and passing orders under Regulation 19.

Analysis:
1. The writ petitioner sought to quash the order-in-original dated 6-12-2013, where the Commissioner of Customs suspended the existing CHA license under Regulation 19 of the Customs Brokers Licensing Regulation, 2013. The petitioner argued that the suspension order should be vitiated due to the delay in passing a confirming or revoking order after the hearing.

2. The Court analyzed Regulation 19(2) and the petitioner's contention regarding the interpretation of the word "may" in the context of the time limit for passing an order. The Court noted that the Regulation did not specify the consequence of not passing an order within the stipulated time. While the petitioner argued for a mandatory requirement, the Court did not find merit in this argument. However, considering the significant delay since the hearing, the Court decided to balance the equities by directing the Commissioner to grant a fresh hearing within a week and pass orders under Regulation 19 promptly.

3. In order to address the delay and ensure fairness, the Court directed the petitioner or their representative to be present for a hearing on 19th May, 2014. The Commissioner was instructed to pass the order within two weeks of the hearing and communicate it directly to the petitioner, keeping all rights and contentions of the assessee open. The writ petition was disposed of with the mentioned directions to ensure procedural fairness and timely resolution of the matter.

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