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2020 (2) TMI 242 - HC - CustomsRevocation of CHA License - time limitation - enquiry not completed within 90 days - HELD THAT:- The Tribunal had revoked the suspension of the license and as on today the Petitioner continues to function as a broker. The period of 90 days therefore as far as the Petitioner is concerned cannot be considered as mandatory but it was more of a direction in the interest of the Respondents. Therefore, on this ground alone, the enquiry cannot be quashed. In the reply affidavit the Respondents have explained the reason for delay. They have referred to the proceedings taken place at Jodhpur. Considering the explanation, it cannot be said that there is gross delay and a complete failure of the Respondent to complete an enquiry so as to warrant quashing of the proceedings. The learned Counsel for the Respondents, on instructions, states that the Respondents will complete the enquiry within a period of 12 weeks, however, the Petitioner must co-operate with the same and as far as presence of witnesses is concerned, the Respondents will try their best to examine them but there could arise certain eventualities unforeseen by the Respondents, such as witnesses may take time - accepting the statement of the Respondents that an enquiry will be completed within a period of 12 weeks subject to availability of the witnesses and co-operation of the Petitioner, the Writ Petition is disposed of.
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