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Mangirish Logistix LLP. Versus Union of India and Ors.

2015 (9) TMI 1139 - BOMBAY HIGH COURT

Delay in issuance of CHA License - Held that:- Sufficient time has passed from the date the Petitioner's representative or partner has cleared the examination. He may have applied in the requisite form and initially as a Proprietor, but later on we do not find, even if the status is sought to be altered, that this much time and delay was justified. The very purpose of inserting a requirement of passing a written as well as oral examination is defeated, if, within a reasonable time from the candi .....

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er the examinations to several applicants expeditiously. - time of three months as sought by the Respondents cannot be granted - Petition diposed of. - Writ Petition No. 5091 of 2015 - Dated:- 30-6-2015 - S. C. Dharmadhikari & G. S. Kulkarni, JJ. For the Petitioner : Mr. Brijesh Pathak For the Respondent : Mr. Pradeep S. Jetly ORDER P.C. :­ The Petitioner in this Writ Petition claims a declaration that the impugned actions on the part of the Respondents, in not issuing a Customs Broker L .....

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ai and a post graduate in Management from Indian Institute of Management (IIM), Kolkata. He has worked as a Working Partner/Director with may reputed Customs Brokers since 1994 and has sufficient experience. The Petitioner states that one Mr. Mangesh P. Wagh is the 50% partner in the firm and would be mainly engaged for looking after the work as Customs Broker of the firm. It is in these circumstances that after referring to a notice of conducting an examination for the grant of the Customs Brok .....

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as to why the Customs Broker Licence has not been issued in the requisite form though the procedure is that it is issued within a period of two months from the date of clearance of the examination. The representations requesting for issuance of such licence having been unsuccessful and the Petitioner failing to get any response, he has approached this Court. 3) An affidavit in reply has been filed and pointing out various steps and measures which were required to be taken. It is stated that the .....

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re passing final orders, we inquired from Mr. Jetly as to why there is delay in making some inquiries and investigations at the end of the Respondents. Apart from highlighting the difficulties pointed out in the affidavit, Mr. Jetly was instructed to seek three months' time by the licencing authority to complete the steps and measures so also the formalities. 5) After having heard both sides, we are of the opinion that sufficient time has passed from the date the Petitioner's representat .....

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