2022 (10) TMI 445

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.... thereby directing the respondents to intimate/convey the reasons for suspending the custom broker licence bearing number 09/2001 of the petitioner; ii. issue an appropriate writ, order or direction of mandamus to thereby directing the respondents to revoke the suspension of the custom broker licence bearing number 09/2001 of the petitioner; iii. issue an appropriate writ, order or direction of mandamus order direction thereby declaring that in absence of any show cause notice under the customs broker licensing regulations, 2018 and rules(s) made thereunder, the respondents have no authority to suspend the custom broker licence of the petitioner." 2. The instant petition came up for hearing before the Court on 22.08.2022, when, after ....

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....aggu will also inform us, as to whether or not the petitioner's representative attended the hearing on 30.05.2022 and if so, whether any order has been passed. 6. A plain reading of the first proviso of Regulation 16 of the Customs Brokers Licensing Regulations, 2018 does indicate, that where the Principal Commissioner or Commissioner of Customs deems fit, he may for the reasons to be recorded in writing, suspend the license for a specified number of Customs Stations. For the sake of convenience, the aforesaid Regulation is extracted hereunder: "16. Suspension of license. -(1) Notwithstanding anything contained in regulation 14, the Principal Commissioner or Commissioner of Customs may, in appropriate cases where immediate action is ne....

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.... 10. Issue notice to respondents via all permissible modes, including email. 10.1 Mr Ajit Kumar Kalia accepts notice on behalf of the respondents. 11. Mr Kalia will return with instructions. 11.1 In case instructions are received to resist the writ petition, counter affidavit will be filed, at least three days before the next date of hearing. 12. List on 21.09.2022." 3. As would be evident from the extract of the order dated 22.08.2022, after etching out the broad contours of the case, we had given an opportunity to the respondents, to file a counter-affidavit in the matter. 3.1. We may note that no counter-affidavit has been filed. 4. As is also apparent from a perusal of the order dated 22.08.2022, the petitioner's fate is....

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....mpetent Authority. Submitted please." [Emphasis is added.] 6. A perusal of the aforementioned communication dated 18.05.2022 would indicate that the Deputy Commissioner (Policy), Noida Customs Commissionerate has requested her counterpart, the Deputy Commissioner (EDI System), Customs (Airport & General), New Customs House, to suspend the licence of the petitioner for all ports and CFS with effect from 17.05.2022, by exercising powers under Regulation 16 read with Regulation 7(3) of the Customs Broker Licensing Regulations, 2018. 7. We have queried counsel for the respondents, whether any specific order has been passed, pursuant to the receipt of the said communication dated 18.05.2022. 7.1. Mr Ajit K. Kalia, who appears on behalf of....