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2016 (3) TMI 429 - BOMBAY HIGH COURT

2016 (3) TMI 429 - BOMBAY HIGH COURT - TMI - Writ petition - Entitlement to renewal of registration - For 10 years - Held that:- respondents agreed to correct a bona fide error that they have committed in making the earlier orders. They also conceded that the order was passed and as the operative portion would clarify, conjointly, on the so-called enquiry and the application for renewal. This is an infraction of the regulations and particularly the exercise of the power set out in the manner the .....

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uld be passed within a further period of four weeks from the date of receipt of such reply and which would deal and dispose of the prior enquiry as also the request to renew the registration for a period of ten years as made by the petitioner. - Decided against appellant - Writ Petition No. 220 of 2016 - Dated:- 8-2-2016 - S. C. Dharmadhikari And G. S. Patel, JJ. For the Appellant : Mr R V Desai, Senior Counsel, Mr R B Pardeshi and H Daruwalla For the Respondent : Mr Pradeep S Jetly ORDER P. C. .....

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India and the authorities under the Customs Act, 1962, to notify The Courier Imports and Exports (Clearance) Regulations, 1998 (for short "the said Regulations"). 3. The petitioner is a registered courier. 4. Relying upon the Regulations, it is submitted that the petitioner was entitled to a renewal of the registration but instead of considering the petitioner's application for renewal and for a period of ten years, the petitioner's application for renewal dated 31st January, 2 .....

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n place and somebody associated with the petitioner played an active role therein. 7. Though the petitioner's senior counsel Mr. Desai sought to argue on the merits of these allegations and further complained that an ex-parte order was passed on 6th June, 2014 - Annexure J and thereafter the second respondent also sought to confirm the version and view therein, we enquired on the earlier occasion from the counsel appearing for the respondent Mr. Jetly as to how the petitioner's renewal a .....

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ulations and particularly the exercise of the power set out in the manner therein. The respondents would now correct themselves and pass a fresh order after issuance of the show cause notice. This show cause notice would contain the relevant allegations and reference to material documents. It would also put the petitioners to notice as to what circumstances and events have led the respondents to form a prima facie belief that the registration as claimed by the petitioners cannot be renewed. 10. .....

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