M/s.Vee.Vee.Clearing and v. The Commissioner of
Case brief
What is this about?
Petitioner challenged rejection of Customs Broker License renewal via Writ Petition. Court held Writ Petition not maintainable due to factual issues requiring adjudication by CESTAT. Writ Petition disposed allowing Liberty for appeal before CESTAT.
What did the court decide?
Liberty granted to petitioner to file appeal before CESTAT challenging the rejection order.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.12.2017
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
Writ Petition No.31857 of 2017
M/s.Vee Vee Clearing and Forwarding
Pvt. Ltd
Rep by its Managing Director M.Rathakrishnan
No.14, East Club Road
Shenoy Nagar
Chennai-600 030 ..Petitioner
-Vs-
1. The Commissioner of Customs
Chennai VII Commissionerate
Customs House
No,60, Rajaji Salai
Chennai – 600 001
- The Assistant Commissioner of Customs (CBLR) Customs House No.60, Rajaji Salai Chennai-600 001 ..Respondents
Prayer:Writ Petition filed praying to issue a writ of Certiorarified Mandamus calling for the records of the 1st respondent in relation to the Order in Original No.58313/2017 dated 11.09.2017 on the file of the 1st respondent and quash the same and consequently, direct the 1st respondent to renew the CHA license as per the proceedings of the 1st respondent dated 30.05.2017 and issue fresh renewed CHA license to the petitioner company and pass such other orders.
Issues for consideration
2 issues framed by the court
Whether a Writ Petition is maintainable against the rejection of Customs Broker License renewal pending adjudication of facts before CESTAT.
Whether suppression of a pending criminal prosecution is fatal to the renewal of the license.
Parties & counsel
- petitioner
M/s. Vee Vee Clearing and Forwarding Pvt. Ltd.
- respondent
The Commissioner of Customs
- respondent
The Assistant Commissioner of Customs (CBLR)
Coram
Case details
As recorded by the court registry
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