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2013 (1) TMI 417 - MADRAS HIGH COURTWrit of Certiorarified Mandamus - change in constitution of the Custom House Agent licence from a firm to a limited company - declining to accept the appointment of Shri S.Suryanarayana as power of attorney agent of the Custom House Agent in the place of late Abdul Khader on the ground being not a person qualified under Section 8 of the CHALR, 2004 to be appointed as POA - Held that:- Proviso to Regulation 8 clearly states that examination of the applicant will not be necessary, if he has already passed the examination referred to in Regulation 8. Further, Regulation 15 only speaks about change in the constitution of the firm or company for which fresh application should be made. That cannot be confused with the eligibility of a particular candidate to be appointed as power of attorney agent if he is otherwise qualified. The authority has confused himself with application under Regulation 15 with the status of a candidate for appointment as power of attorney in the place of late Abdul Khader. Thus clubbing of two issues appears to be inappropriate As decided in SUNIL KOHLI & ORS Versus UNION OF INDIA & ORS [2012 (10) TMI 638 - SUPREME COURT]t under the 2004 Regulations read with proviso to Clause 8(1), candidates who have already passed the examination under the 1984 Regulation should be considered for grant of licence under the 2004 Regulation. The POA in this case is qualified under the 1984 Regulation thus the respondent is not justified in denying the approval of appointment of Shri Suryanarayana as power of attorney of CHALR only on the ground that he has not qualified under 2004 Regulations - in favour of petitioner - assessee.
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