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M/s. Trinity Forwarders (Madras) Versus The Commissioner of Customs, Chennai

Seeking direction to renew and activate Custom House Agents License - Cancelled for non-compliance of obligations - Respondent contended that inspite of granting three opportunities of personal hearing, the petitioner neither appeared for the personal hearing nor submitted any reply to the respondent, therefore, the contentions raised by the petitioner that the Writ Petition is maintainable inspite of having an alternative remedy of appeal for the reason that the order passed by the respondent i .....

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nce with law. - Decided against the petitioner - W. P. No. 639 of 2016 and W.M.P.Nos.457 & 458 of 2016 - Dated:- 18-4-2016 - M. Duraiswamy, JJ. For the Petitioner : Mr. B. Satish Sundar For the Respondent : Mrs. Mallika Srinivasan ORDER The petitioner has filed the above Writ Petition to issue a writ of certiorarified mandamus to call for the records of the respondent leading to passing of the order dated 24.03.2015 and to quash the same and to further direct the respondent to renew and activate .....

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he petitioner was allowed to transact customs related work of its clients in the Port and Airport areas of the Commissionerate of Customs. In the course of the petitioner's business, it undertook Customs Clearance Work on behalf of various firms and individuals, who are importers, who are in the business of import of various goods. The petitioner concern handled clearances of vehicles imported under Transfer of Residence by individuals returning to India for permanent settlement as well as i .....

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t of each of the Firm, wherever applicable. The necessary import documents like Commercial Invoices, Packing Lists, Bill of Lading and other documents in respect of each of the Firms were furnished by one K.T.Kuppiah. After obtaining the said documents and on verification of the same, the petitioner filed Bills of Entry for the Firms/individuals with the respondent for causing importation. The Customs Department, after due verification of the goods in question, permitted the same to be cleared f .....

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roker Licensing Regulations, 2013). 4. On 25.06.2010, the petitioner was issued with a show cause notice and called upon to show cause as to why the license issued to them should not be cancelled or the security deposited by them forfeited under Regulation 20(1)(b) of the CHALR, 2004 for non-compliance of the obligations. The petitioner sent their reply and also participated in the enquiry proceedings. The Enquiry Officer filed his report dated 31.03.2013 before the respondent. The respondent, a .....

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not renewed by the Authority. As against the order of the respondent dated 24.03.2015, the petitioner has got an alternative remedy of appeal under Regulation 22 of the Custom House Agents Licensing Regulation, 2004. The learned counsel appearing for the petitioner submitted that since the respondent had reversed the findings of the Enquiry Officer without giving an opportunity to the petitioner, the Writ Petition filed by the petitioner is maintainable in respect of Regulation 22. 5. According .....

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anted another opportunity of personal hearing on 27.05.2014. However, the petitioner did not attend the hearing on 17.05.2014. Again, the respondent gave an opportunity of personal hearing on 27.06.2014. Even on that day, the petitioner did not attend the personal hearing nor sent any communication to the respondent. From the submissions made by the respondent, it is clear that the reason for passing the impugned order after 90 days cannot be found fault with the respondent. Before the Enquiry O .....

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