Court grants impleadment, stays license cancellation order, directs response within a week. The High Court granted the petitioner's request to implead Mr. Peeyoush Bhati in the proceedings due to the impact of his order on the petitioner's ...
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Court grants impleadment, stays license cancellation order, directs response within a week.
The High Court granted the petitioner's request to implead Mr. Peeyoush Bhati in the proceedings due to the impact of his order on the petitioner's interests. The Court noted the cancellation of the petitioner's license without notice or hearing, directing the respondents to respond within a week and listing the matter for further hearing. A stay was ordered on the operation of the order cancelling the license until the next hearing. Additionally, the Court disposed of the application seeking a stay on a customs instruction in line with a previous interim order, instructing parties to act accordingly.
Issues: 1. Impleadment of Mr. Peeyoush Bhati, Additional Commissioner (Tech) in the proceedings. 2. Cancellation of petitioner's license without notice or hearing. 3. Stay of the order dated 19.07.2022. 4. Stay on the operation of instruction No.13/2022-Customs dated 09.07.2022.
Impleadment of Mr. Peeyoush Bhati: The petitioner sought to implead Mr. Peeyoush Bhati as a party due to the impact of his order dated 19.07.2022 on the petitioner's interest. The order was passed without notice or hearing, prompting the petitioner to seek Mr. Bhati's inclusion in the proceedings. The High Court issued notice to Mr. Bhati and directed him to join the proceedings on 08.08.2022 either physically or via videoconferencing.
Cancellation of License without Notice or Hearing: Mr. Sujit K. Ghosh, representing the petitioner, argued that the order dated 19.07.2022 cancelling the petitioner's license was untenable as it was done abruptly without issuing a show cause notice. The High Court noted that the order was passed despite a previous order prohibiting coercive measures against the petitioner in a related matter. The Court directed the respondents to file a reply within one week and listed the application for further hearing on 08.08.2022.
Stay of Order dated 19.07.2022: An application was filed seeking a stay on the order dated 19.07.2022 which cancelled the petitioner's license. Mr. Ghosh contended that no show cause notice was issued before taking the adverse action. The Court issued notice to the respondents and directed that no further precipitate steps should be taken pursuant to the order dated 19.07.2022 until the next hearing on 08.08.2022.
Stay on the Operation of Instruction No.13/2022-Customs: Another application sought a stay on the operation of instruction No.13/2022-Customs dated 09.07.2022. The Court, considering an earlier interim order, disposed of the application in the same terms as the previous order. Parties were instructed to act based on the digitally signed copy of the order, thereby addressing the request for a stay effectively.
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