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2010 (8) TMI 211

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..... K. Maity, Advocates, for the Respondent. [Order]. - The Court : In this application, being G.A. No. 2321 of 2010 filed in connection with WP No. 87 of 2010, the petitioner has prayed for a direction on the Commissioner of Customs (Airport and Administration ), Kolkata, the respondent No. 2, to cancel the order of suspension dated 13th January, 2010 and to allow him to carry on business as Custo .....

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..... lt, the petitioner is suffering the order of suspension. Submission is that on 30th June, 2010, the respondent No. 2, has issued a notice modifying the show cause notice dated 24th February, 2010 indicating that the petitioner is answerable to the Commissioner of Customs, New Delhi, and explanation should be submitted to the Enquiry Officer nominated by the Commissioner of Customs, New Delhi. 4.& .....

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..... s issued a corrigendum dated 30th June, 2010 to the notice to show cause modifying the show cause notice dated 24th February, 2010 to the extent that the petitioner is -answerable to the Commissioner of Customs, New Delhi. In my view, when the writ petition is pending before the High Court, the respondent No. 2 should have sought leave of the Court before issuing the notice dated 30th June, 2010. .....

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..... o far as the order of suspension dated 13th January, 2010. The petitioner shall be at liberty to carry on the business as Customs House Agent in Kolkata against Licence No. R-011/89 till the proceedings are concluded or until further orders of this Court whichever is earlier. The respondent Nos. 1 and 2 are directed to issue necessary instructions to all concerned. 6. This order is passed w .....

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