AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2009 (4) TMI 100
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....10 of 2008 which came to be disposed off by order dated January 25, 2008 pursuant to statement made on behalf of the respondents that the petitioner's renewal application would be decided within two weeks. 3. Petitioner earlier had made representations, which were received in the office of the respondents on 31-12-2007. In the representation dated 28-12-2007 after setting out various contentions, petitioner had set out as under; "In case any further clarification is essential, we may please be heard". Subsequent to the order passed by this Court in writ petition, the respondent no. 3 passed an order that the licence is not to be renewed beyond 31-12-2007 and accordingly, their application in this regard is rejected. 4. Petitioner aggrieve....
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....igh Court has noted that non-renewal and revocations are conceptually and contextually different. It held that "revocation" is the calling back of a thing granted or destroying or making void of some deed that had existence, and the act of revocation made it void. Renewal of a licence means a new licence granted by such act. Its effect is to prevent discontinuance or forfeiture. Renewal comes at a stage when the period of currency of the licence is over and its validity is extended. In Gajraj Singh and Others v. State Transport Appellate Tribunal and Others (1997) 1 Supreme Court Cases 650, the Supreme Court in the case under the Motor Vehicles Act has been pleased to hold that the renewal of licence means a new licence granted by way of re....
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....lation (2). (2) The Commissioner of Customs may, on application made by the licensee before the expiry of the validity of the licence under sub-regulation (1), renew the licence for a further period of ten years from the date of expiration of the original licence granted under regulation 9 or of the last renewal of such licence, as the case may be, if the performance of the licensee is found to be satisfactory with reference, inter alia, to the following:- (a) quantity or value of cargo cleared by such licensee conforming to norms as may be specified by the Commissioner; (b) absence of instances of any complaints of misconduct including non-compliance of any of the obligations specified in regulation 13. (3) The fee for renewal of a lic....
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....gent licence, our attention was invited to the judgment of Calcutta High Court in M. Dutta Agency v. Commissioner of Customs, 1998 (101) E.L.T. 581 (Cal.). It was contended before Calcutta High Court that the appeal would lie against the refusal to renew CHA licence. Considering the language of Section 129A(1)(a) of Customs Act, 1962, the learned Judge held that an appeal is provided against the suspension or revocation but not for refusal to renew CHA licence. We are clearly of the opinion that no appeal lies against the order rejecting an application for renewal. In absence of any other remedy it is open to this Court to exercise its extraordinary jurisdiction in case where an application for renewal is rejected. 9. Having so said, the n....
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....nan would be of no consequence as it was in penal proceedings whereas, in the instant case, what is being considered was an application for renewal. 10. We have heard the learned counsel for the Parties. In the first instance, there can be no dispute that, the order rejecting application has visited the petitioner with civil consequences. In a case where an order whether it be administrative or quasi judicial, visits the party with civil consequences in absence of any statutory exclusion under the Regulations, there would be a right to a hearing. The right to hearing would include right to a person being heard in person if such a request is made. In the instant case, we may point out that the petitioner in representation dated 28-12-2007 h....