2010 (11) TMI 1006

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....ct. 3. The learned Counsel appearing on behalf of the applicant would draw our attention to the said order of suspension and submit that the entire order proceeds on the ground that the Commissioner of Customs (General), Mumbai, vide Order No. 25/2010 dated 22.10.2010, had prohibited the applicant from conducting operations within the premises of Mumbai Customs Zone I, II and III on the ground that the applicant had violated the conditions of Customs House Agents Licensing Regulations (CHALR) sub-rules 13 (d), 13(e), 13(n) and 19(8). He would submit that the order of the prohibition of the Commissioner of Customs is in challenge before the Hon'ble High Court in a Writ petition. He would also submit that the said Writ Petition is retu....

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....ases where immediate action is necessary, suspend the licence of a Custom House Agent where an enquiry against such CHA is pending/contemplated. It is her submission that based on the Order No. 25/2010 of the Commissioner of Customs (General), Mumbai, and interim investigation report of Commissioner of Customs (Export), J.N.C.H., Nhava Sheva, this order is passed. It is her submission that the Commissioner has only suspended the licence and the inquiry is being conducted for revocation of the licence for which a personal hearing was granted on 09.11.2010 and consequently on 11.11.2010. It is her further submission that the learned Commissioner has taken an immediate action on the receipt of the investigation report on 25.10.2010. it is her ....

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....n perusal of the impugned order before us, we find that the impugned order, in paragraphs 2 and 3 specifically indicate that the action, which has been proposed i.e. immediate suspension of CHA Licence to the applicant, was based upon the Order No. 25/2010 dated 22.10.2010 issued by the Commissioner of Customs (General), Mumbai. It is not in dispute that this very order is a matter of Writ Petition before the Hon'ble High Court in Writ Petition No. 8833 of 2010 and it is also on record that this matter is coming up for final disposal on 15.11.2010. Since the matter is before the Hon'ble High Court and is coming up for final disposal on 15.11.2010, we are of the considered view that the impugned order of the learned Commissioner can ....