2008 (1) TMI 405

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....instant case the petitioners have moved this Court seeking a mandamus against the Respondents more specifically Respondent No. 3 to comply with the direction of the CESTAT which has allowed the Appeal filed by the petitioners herein [2007 (220) E.L.T. 783 (Tri. - Mumbai)]. By a separate order passed today in Customs Appeal Lodging No. 115 of 2007 we have dismissed the said Appeal. 2. In our opi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ing of qualified person for two years as understood by the respondents considering Regulation 15(2) . 3. While disposing of the Customs Appeal Lodging No. 115 of 2007 we have held that the proviso merely confers a discretion on the authorities therein, even if a qualified person is not available to permit the business house to carry on business if there is a person holding "G" card. The proviso....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....o operate their licence. The Appeal preferred by them before the Tribunal was allowed. The Appeal preferred by the Revenue before this Court has been dismissed. We asked the learned Counsel for the respondents if there be anything adverse against the petitioners herein. We are informed, on instructions, that there is nothing adverse against the petitioners. In these circumstances in our opinion th....