2014 (1) TMI 534

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....s made by both sides, we find that the issue involved in this case is regarding the prohibition to conduct operations as a CHA to the appellant under Regulation 21 of CHALR 2004. Accordingly, we dispose of the Stay Petition filed as infructuous as there is no amount that requires to be stayed and take up the appeal itself for disposal. 3. Ld.Counsel would submit that the order passed by CC Kandla reads as if the licence has been revoked/suspended by him. It is his submission that the CHA (CB) Licence No.CHA/JMR/R/01/08 is issued by the Commissionerate Jamnagar and is valid upto 17.02.2018 and because of order of CC Kandla the prohibition imposed, has been made effective by the officers in the vicinity of Jamnagar Customs House. It is his s....

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....ure, no interference is called for in this order and find that the appeal filed by the appellant is required to be disposed of as not maintainable. At the same time, we also would like to record that CC Kandla should follow the law laid down by Hon'ble High Court of Bombay in the case of S.R. Sale & Co. (supra) and more specifically Paragraph No.4, which we reproduce herein below. 4. Counsel appearing on behalf of the Petitioner relied upon a report of the Committee on Subordinate Legislation dated 8 March 2007 in the Rajya Sabha. The Committee considered the provisions of Regulation 21. The relevant extract from the report of the Committee is as follows:          Point referred Regulation 21 provi....