TMI Blog2014 (1) TMI 534X X X X Extracts X X X X X X X X Extracts X X X X ..... -DB - Order No. A/11765 / 2013 - Dated:- 31-12-2013 - MR. M.V. RAVINDRAN AND MR. H.K. THAKUR,, JJ. For the Appellant : Shri R. Subramanya, Adv. For the Respondent : Shri Manoj Kutty, A.R. JUDGEMENT Per: M.V. Ravindran; 1. This Stay Petition is filed for out of turn hearing of Stay Petition. Since the Stay Petition is already listed for disposal today and is being taken up for hearing, the application for out of turn hearing of Stay Petition is disposed of as infructuous. 2. Now we take up the Stay Petition for disposal. On perusal of the records and after considering the submissions made by both sides, we find that the issue involved in this case is regarding the prohibition to conduct operations as a CHA to the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this order under his administrative jurisdiction and is not a quasi-judicial order. He would rely upon the decision of this Tribunal in the case of Amit K. Dedhia Vs. CC Jamnagar - 2013 (295) ELT 84 (Tri-Ahmd). 5. We have considered the submissions made by both sides and perused the records. In our view, the order dt.05.11.2013 passed by CC Kandla is an interim measure taken by the ld.Commissioner by prohibiting the appellant in operating in the area of Customs House in Kandla and Mundra and is passed under Regulation 21 of CHALR 2004 read with Regulation 23 of CBLR 2013. We find that at this juncture, no interference is called for in this order and find that the appeal filed by the appellant is required to be disposed of as not maintaina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cit in order to allay any apprehension of arbitrary action. Committee's Observations (9/11/2005) The Committee noted the position as explained by the representatives of Bangalore Commissionerate. Regulation 21 has not been amended thereafter. The report inter alia contains a reference to the fact that the Committee was satisfied with the explanation furnished by the Ministry. The reply furnished by the Ministry to the Committee on Subordinate Legislation can, at the highest, be an interpretative guide in construing the provisions of Regulation 21. As a matter of first principle, where as in the present case, the subordinate legislation is silent in regard to compliance with the principles of natural justice, the requirement of compli ..... X X X X Extracts X X X X X X X X Extracts X X X X
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