Statutory appeal for customs broker licence revocation, with interim suspension pending stay decision and limitation protection.

A challenge to revocation of a customs broker licence is to be pursued through the statutory appellate remedy before the Tribunal where such remedy is available. To avoid prejudice while that appeal is filed, the writ-petition period is to be excluded for limitation purposes, the appeal and stay application must be filed within ten days, and the revocation order remains suspended until the stay application is decided. The article therefore highlights that, in this context, writ relief may be declined in favour of the statutory appeal while temporary protection is granted to preserve the appellant's position.

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Issues: Whether the writ petition challenging revocation of the Customs Broker Licence should be entertained in view of the available statutory appeal, and whether interim protection should be granted pending consideration of the appeal.

Analysis: The challenge was to the revocation of the customs broker licence. The Court noted the availability of an appellate remedy before the Customs Excise and Service Tax Appellate Tribunal and, considering the serious prejudice caused to the petitioner's business by the revocation, found it appropriate to direct the petitioner to pursue that remedy. At the same time, to prevent hardship while the petitioner approached the Tribunal, the Court directed exclusion of the writ-petition period for limitation purposes, required filing of the appeal and stay petition within ten days, and suspended the operation of the revocation order until the stay application was decided.

Conclusion: The writ petition was disposed of by relegating the petitioner to the statutory appeal remedy and granting interim suspension of the revocation order pending decision on the stay application.

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