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2023 (7) TMI 74 - HC - CustomsContinuation of Suspension of Customs Broker Licence - Managing Director of the company (of CB) not given opportunity to submit his explanation - MD was in judicial custody - disregard to the principles of natural justice in terms of Regulation 16 (2) of CBLR, 2018 - HELD THAT:- It is nothing but gross violation of principles of natural justice. It is a settled principle of law that adequate opportunity of being heard i.e., “audi alteram partem” forms a cornerstone in the doctrine of principles of natural justice. The opportunity must be real, reasonable, and effective and not a mere empty formality as laid down by the Hon’ble Supreme Court in MANEKA GANDHI VERSUS UNION OF INDIA [1978 (1) TMI 161 - SUPREME COURT]. Limitation of time cannot come in the way of giving a real and reasonable opportunity to the affected party for an effective hearing. This Court is of the view that the writ petition can be entertained despite the availability of alternative remedy the Managing Director of the petitioner company is permitted to submit their written explanation to the notices issued by the 1st respondent within two (2) weeks from the date of receipt of a copy of this order. On receipt of such explanation, the 1st respondent is directed to pass appropriate orders according to law after affording opportunity of personal hearing to the petitioner. Petition is disposed off.
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