The Court dismissed the writ petition, directing the petitioner to approach CESTAT to challenge the revocation of customs broth licence and appreciate the claim for cross-examination.
Petitioner directed to avail appellate remedy before CESTAT impugned order not quashed.
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M/S SWASTIK CARGO AGENCY ..... Petitioner Through: Mr. V.V. Gautam, Mr. Prashant Dubey & Ms. Anjali Singhal, Advs.
versus
COMMISSIONER OF CUSTOMS (GENERAL) ..... Respondent Through: Mr. Harpreet Singh, SSC with Ms. Suhani Mathur, Adv.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE PRATEEK JALAN
The Court has heard the counsel for the parties. It appears that the impugned show cause notice has resulted in an order by the Commissioner revoking the customs brokers licence. The Court is of the opinion that the petitioner should avail his appellate remedy i.e. before the CESTAT. In the event of his doing so, it is also open for the petitioner to seek appropriate orders for cross-examination of the witnesses, which claim was denied despite the regulations and requests made in that regard to the adjudicating authority. In case, such application is made, the appropriate remand proceeding – confined to a direction with respect to the cross-examination of the witnesses - shall be made by CESTAT. The CESTAT, however, should not remit the entire matter for reconsideration but rather keep the appeal on its file
and await the result of the report with respect to the cross-examination and thereafter, proceed to dispose of the appeal before it on the merits in accordance with law as expeditiously as possible.
The writ petition is disposed of in the above terms. Order dasti under the signatures of the Court Master.
S. RAVINDRA BHAT, J
PRATEEK JALAN, J
DECEMBER 05, 2018/ akv
M/s Swastik Cargo Agency
Commissioner of Customs (General)
S. Ravindra Bhat
Prateek Jalan
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
