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2012 (11) TMI 920 - HC - CustomsSuspension of Custom House Agents License - held that:- Issue of a show cause notice is not usually contemplated when the orders passed are of an interim nature pending investigation or enquiry. It is always open to the petitioner either to prefer an appeal to the Appellate Authority or make an adequate representation to the respondents, who passed the impugned orders and if such a representation is made,a post decisional opportunity can be given to the petitioner to satisfy the principles of natural justice. The petitioner being an aggrieved party can make an appropriate representation seeking a review of the impugned order and asking the concerned respondent to rescind or modify the order and if such a representation is made by the petitioner the concerned respondent in the above writ petitions shall consider such representation in accordance with law and pass orders on merits within a period of two weeks from the date of the representation after giving an opportunity of hearing to the petitioner, if the petitioner chooses to file any appeal against the impugned orders it is open to the petitioner to file the appeals within a period two weeks from the date of receipt of a copy of this order and if the petitioner files the appeals, the Appellate Authority shall entertain the appeals without reference to the period of limitation prescribed under the CHALR 2004, read with the provisions of the Customs Act. It is open to the petitioner to seek appropriate interim orders before the Appellate Authority - impugned orders shall remain suspended till the filing of the appeals by the petitioner within the above said stipulated time - writ Petitions are disposed of. Consequently, the connected Miscellaneous Petition is closed.
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