TMI Blog1981 (10) TMI 176X X X X Extracts X X X X X X X X Extracts X X X X ..... tioners are challenging the legality of the order dated March 2, 1978 passed by the Collector of Customs (Preventive), Bombay, refusing to grant the application for gold dealers licence by holding that the petitioners have no experience of dealing in gold. 2. The petitioners are partners of a concern known as M/s. Royal Plastic Box Manufacturing Co. and are doing the business of manufacturing o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... siness as a licenced dealer is suitable and secure for carrying on of such business. There are some other conditions to which no reference is required to be made. 3. The petitioner No. 1 claimed that he was working as a partner in a concern known as M/s. Kum Kum Jewellers from the years 1957 to 1966 and has a large experience of dealing in gold ornaments. Petitioner No. I claims to have retired ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted June 25, 1977. The revisional authority came to the conclusion that the petitioner No. 1 had an experience while working with M/s. Kum Kum Jewellers and the authorities below were in error in rejecting the application on the ground of lack of experience. On the strength of that finding the revisional authority remanded the proceedings to the Collector, Bombay for a decision as to whether other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are remitted back to consider whether other requirements of Rule 2 were satisfied and it was not open for the Collector to reject the application on the ground of lack of experience. Surely the Collector was bound by the order passed by the revisional authority and it was not open for the Collector to reconsider whether the petitioners had sufficient experience for grant of licence or otherwise. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... merits within a period of four weeks from to-day. 7. Accordingly, the rule is made absolute and the impugned order dated March 2, 1978 is set aside and the Collector is directed to dispose of the application for grant of licence before November 16, 1981. The Collector shall proceed on the basis that the petitioners have satisfied the requirements of Rule 2(b) and would consider whether other r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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