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2017 (6) TMI 1060 - HC - CustomsRevocation of CHA licence - time limit under Regulation 22 of the CHALR for issuance of an SCN - Held that: - Regulation 20 provides for suspension or revocation of license and Regulation 22 deals with the procedure therefor. At the time when the Court passed its order dated 25th February, 2015 an SCN had already been issued for the revocation of the Appellant’s license. Therefore, this fact was present in the minds of both the counsel for the Appellant as well as the Respondent and naturally of the Court as well. The only thing that remained to be done was to complete the enquiry pursuant to such SCN. The direction issued obviously related to the enquiry that was required to be undertaken for revocation of the Appellant’s license. It is for that purpose that the Court then granted more time. When it used the words ‘final orders’, it obviously meant the final revocation order. There can be no manner of doubt, therefore, that in para-2 of the order dated 25th February, 2015, the Court contemplated completion of the enquiry proceedings pursuant to the SCN issued for revocation of the Appellant’s license and nothing else. If the Appellant was aggrieved by the order of this Court granting extension of time for completion of the enquiry and passing of the revocation order, the Appellant could have further challenged the said order. That, however, was not done by the Appellant. In these circumstances, the CESTAT was right in holding that the Appellant could not thereafter contend that the time limits under Regulation 22 of the CHALR having been breached. Appeal dismissed - decided against appellant.
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