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2014 (11) TMI 359 - HC - CustomsSuspension of Custom Broker License - Prohibition to operate as Customs Broker within the jurisdiction of Cochin Customs - Held that:- The said order is an order suspending the license of the petitioner after granting an opportunity of hearing. Respondent has no contention that the authority has no jurisdiction to pass the order or it has been passed in breach of the rules of natural justice. There being a statutory remedy available, we are of the view that this Court ought not have entertained the writ petition by passing the impugned order. It is well settled by the Apex Court that the exercise of writ jurisdiction can be made by this Court under Article 226 of the Constitution in cases where a statutory remedy is not provided. The Apex Court in this context has laid down in Whirlpool Corporation v. Registrar of Trade Marks, Mumbai and others [1998 (10) TMI 510 - SUPREME COURT] that when a statutory remedy is provided, the High Court shall not entertain a writ petition, except in cases where the order impugned is passed in violation of principles of natural justice in wholly without jurisdiction or when the vires of the Act is challenged. Thus, we are satisfied that the interim order passed by learned Single Judge cannot be upheld. Consequently, we set aside the interim order passed by learned Single Judge dated 23.09.2014. We, however, observe that the Commissioner of Customs, Mumbai may proceed to finalise the proceedings as early as possible - Decided in favour of Revenue.
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