2022 (6) TMI 1377

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.... the Respondent. JUDGMENT The petitioner has approached this Court challenging Ext.P4 order by which its licence issued in terms of Ext.P5 Regulations has been suspended on the allegation that the petitioner failed to carry out due diligence and follow KYC norms in respect of a export for which the petitioner had filed documents on behalf of the exporter. It is alleged that, in a consignment....

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.... can be suspended only in the case of grave urgency and no such urgency is expressed in Ext.P4 order. It is submitted that the entire business of the petitioner has come to a stand still on account of suspension of licence and the suspension of licence is causing grave prejudice to the petitioner. 3. The Learned Standing Counsel appearing for the respondent Department submits that the peti....

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....der Article 226 of the Constitution of India on the ground that there was no regular sitting before the CESTAT, Bangalore where the petitioner has an alternate remedy. 4. The Learned Counsel appearing for the petitioner submits that nowhere in Ext.P4 order has it been mentioned that the licence of the petitioner was suspended on account of the fact that there were earlier proceedings again....

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....y reason compelling the authority to take immediate action, I am of the opinion that Ext.P4 can be set aside directing the respondent to reconsider the matter after affording further opportunity of hearing to the petitioner. Accordingly, Ext.P4 order is set aside. Considering the urgency expressed by the petitioner, the respondent shall pass fresh orders within a period of ten days from the date o....