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2015 (3) TMI 819 - HC - CustomsSuspension of license - prohibition of the operation of the custom broker licence issued to the petitioner - Held that:- when the regulation is silent with regard to compliance, principles of natural justice have to be read into. However, it has also been observed that, in the matter of paramount emergent situation, particularly in public interest, it may not always be necessary to grant 'pre-decisional hearing' with regard to the proceedings under Regulation No. 21 and that such action however has to be restricted to be in operation for a limited period, to safe guard the interest of the parties concerned. It is also made a mention that, a 'pre-decisional hearing' must be the rule and its dispensation is an exception. The scope of the provision was considered by a Single Bench of the Calcutta High Court as well. Considering the facts of the particular case involved therein, it was observed that the impugned order was passed without affording an opportunity of hearing, as the allegation indicated in the impugned order did not reveal that it was so emergent and exceptional, and whether where the order of prohibition was inevitable. Course pursued by the respondent is not liable to be branded as arbitrary or illegal. However, it is to be made clear that operation of the said order has to be limited for a definite period, in view of the observations of Apex Court [1981 (1) TMI 250 - SUPREME COURT OF INDIA] and the Division Bench of the Mumbai High Court [2013 (6) TMI 272 - BOMBAY HIGH COURT] as mentioned already. - The petitioner is set at liberty to file objection, if any, also producing copy of the relevant documents within two weeks and the matter shall be finalized, taking appropriate steps and pass necessary orders in tune with relevant provisions of law, after hearing, within one month thereafter. The right of the petitioner to continue to operate will depend upon the orders to be passed by the respondent. It is made clear that the petitioner will be at liberty to challenge the order to be passed by the respondent, in accordance with law, if it goes detrimental to the rights and interests of the petitioner. - Decided against Petitioner.
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