Disposed

M/S. Ajay Overseas Shipping v. Commissioner of Customs

Kerala HC16 Jan 2024WP(C)/1696/2024

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought relief from the invocation of its Bank guarantee following the cancellation of its Customs Brokerage Licence. The Court noted that an appeal was filed within the stipulated time limit and granted directions pending the outcome of that appeal.

What did the court decide?

Directs that the Bank guarantee shall not be invoked till the limitation for filing the appeal is over. Petitioner may approach the appellate authority for appropriate orders regarding the guarantee i

M/S. Ajay Overseas Shipping Vs Commissioner of Customs — Customs and Excise | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH TUESDAY, THE 16^TH DAY OF JANUARY 2024 / 26TH POUSHA, 1945

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W.P.(C) NO.1696 OF 2024

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PETITIONER:

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M/S. AJAY OVERSEAS SHIPPING, DOOR NO.XI/3007-B, PALLICHAL ROAD, NEAR UCO BANK, COSMOS ROAD, PYAARI JUNCTION, THOPPUMPADY, KOCHI, REPRESENTED BY ITS MANAGING PARTNER, SMT. ANITHA JAYAN, W/O.LATE A.S. JAGANNATHAN, AGED 61 YEARS, BUSINESS, RESIDING AT AMBADI, VELI ROAD, FORT KOCHI VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT, PIN- 682002, PIN - 682005

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BY ADVS. M.S.SAJEEV KUMAR LAKSHMI S KUMAR A.N.JYOTHILEKSHMI

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RESPONDENTS:

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1 COMMISSIONER OF CUSTOMS, OFFICE OF THE COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, WILLINGDON ISLAND, COCHIN, PIN-682 009.

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2 ASSISTANT COMMISSIONER OF CUSTOMS, OFFICE OF THE ASSISTANT COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, WILLINGDON ISLAND, COCHIN, PIN-682 009.

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3 THE BRANCH MANAGER, FEDERAL BANK LTD, THOPPUMPADY BRANCH, PYAARI JUNCTION, PALLICHAL ROAD, NEAR BISMI HOME APPLIANCES, THOPPUMPADY, COCHIN, PIN-682 005.

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ADV. SREELAL N. WARRIER, STANDING COUNSEL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO.1696 OF 2024

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JUDGMENT

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Dated this the 16^th day of January, 2024

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The petitioner has filed this writ petition apprehending that the petitioner's Bank guarantee for Rs.75,000/- shall be invoked by the respondents. The order-in-original Ext.P7 has been passed by the respondents wherein the Customs Brokerage Licence issued to the petitioner has been cancelled by the said order-in-original.

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The learned counsel for the petitioner submits that the petitioner was granted three months' time to file the appeal against the said order-in-original and in fact, the appeal has been filed today. The said Bank guarantee is valid upto 11.08.2024.

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Sri. Sreelal Warrier, learned Senior Standing Counsel for the respondents submits that the petitioner shall not be invoked the Bank guarantee till the limitation provided for filing the statutory appeal. If the appeal is filed by the petitioner, he may choose to move appropriate application for direction from the appellate authority.

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W.P.(C) NO.1696 OF 2024

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Considering the said fact, the present writ petition is disposed of in terms of the aforesaid that the Bank guarantee of the petitioner shall not be invoked till the limitation for filing the appeal is over and if the petitioner has filed any appeal, he may obtain any appropriate orders from the appellate authority in respect of the Bank guarantee.

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Sd/- DINESH KUMAR SINGH JUDGE

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bpr

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W.P.(C) NO.1696 OF 2024

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APPENDIX OF WP(C) 1696/2024

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF THE LICENSE NO.222 DATED 07-10-2014 Exhibit P2 TRUE COPY OF THE BANK GUARANTEE NO: IBG54184 DATED 11-08-2014 Exhibit P3 TRUE COPY OF THE SHOW CAUSE NOTICE BEARING NO. 105/2023 DATED 20-07-2023, ISSUED BY THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE REPLY TO SHOW CAUSE NOTICE DATED 10-08-2023 SUBMITTED BY THE PETITIONER Exhibit P5 TRUE COPY OF THE INQUIRY REPORT DATED 17-10-2023, SUBMITTED BY THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 16-11-2023, SUBMITTED BY THE PETITIONER Exhibit P7 TRUE COPY OF THE ORDER-IN-ORIGINAL NO.COC-CUSTOMS-000-COM-13/2023-24 DATED 05-01-2024 (ISSUED ON 08-01-2024), PASSED BY THE 1ST RESPONDENT

M/S. Ajay Overseas Shipping v. Commissioner of Customs

Case brief

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M/S. Ajay Overseas Shipping v. Commissioner of Customs

Case brief

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