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2014 (5) TMI 1105 - HC - CustomsSuspension of CHA licence - Regulation 19 of the CBLR, 2013 - Petitioner contended that in compliance with Regulation 19(2), a hearing was given after the suspension order within the time specified but, no order has been made as yet, therefore, entire suspension order vitiate also second part of Regulation 19(2) prescribes a further period of 15 days within which the order is to be made either revoking or confirming the suspension, has to be construed as casting a mandate. Held that:- in the absence of any indication, within the Regulation, as to the consequence of not passing an order within the time stipulated, the Court is unpersuaded with the petitioner’s arguments that the discretion to pass the order within fifteen days of hearing is, in fact, a mandatory requirement. At the same time, this Court is not oblivious of the fact that more than five months have elapsed since the hearing was given on 31-12-2013. In these circumstances, to balance the equities, it would be appropriate that the Commissioner grants a fresh hearing to the petitioner or his representative as the case may be, within a week from today and thereafter pass orders under Regulation 19 either revoking or confirming the suspension. - Petition disposed of
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