TMI Blog2014 (11) TMI 911X X X X Extracts X X X X X X X X Extracts X X X X ..... s dismissed as infructuous. We also find that the Tribunal has not considered the prima facie case for considering the interlocutary application sought for by the applicant. To that extent, the prejudice and hardship pleaded by the appellant justifies the filing of the present Civil Miscellaneous Appeal before this Court - matter remanded back - Decided in favour of appellant. - Civil Miscellaneous Appeal No. 2748 of 2014 & M.P.Nos.1 and 2 of 2014 - - - Dated:- 20-11-2014 - R. Sudhakar And R. Karuppiah,JJ. For the Appellant : Mr. G. Masilamani, S.C. for Ms. V. Pushpa For the Respondent : Mr. S. Xavier Felix - R2 Standing Counsel JUDGMENT (Delivered by R. Sudhakar,J.) This Civil Miscellaneous Appeal is filed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing an inquiry officer to conduct the enquiry? f. Whether the Adjudicating Authority by rendering a finding in pursuance of the preliminary enquiry concluding that the appellant is in blatant violation of the alleged Regulations of CBLR, 2013, has travelled beyond the scope of his reference, which is against the scope of the powers conferred on him under Regulation 18 20 of the CBLR, 2013? g. Whether a categorical perverse finding by the Adjudicating Authority, concluding that the appellant is in blatant violation of the alleged Regulations of CBLR, 2013, is prejudicial to the fair conduct of the enquiry by the inquiry officer? 2. The appellant - M/s.La Freight Lift Pvt. Ltd. - customs broker is issued with a regular customs brok ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce the hearing of the application got delayed, the appellant approached this Court by filing a Writ Petition in W.P.No.18911 of 2014 for early hearing of the appeal and the stay petition filed before the Tribunal. This Court, by order dated 17.7.2014, issued directions to the Tribunal. The relevant portion of the order of this Court reads as follows: 5. Though the petitioner prayed for the relief of directing the first respondent Tribunal to dispose of the appeal itself, this Court, taking into consideration of the fact that very many appeals are pending, is of the view that it is suffice to direct the first respondent Tribunal to take up the application for stay first and pass appropriate orders. 6. In the result, the writ petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
