TMI Blog2014 (5) TMI 1105X X X X Extracts X X X X X X X X Extracts X X X X ..... sion order vitiate also second part of Regulation 19(2) prescribes a further period of 15 days within which the order is to be made either revoking or confirming the suspension, has to be construed as casting a mandate. Held that:- in the absence of any indication, within the Regulation, as to the consequence of not passing an order within the time stipulated, the Court is unpersuaded with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ocate, for the Respondent. ORDER The writ petitioner seeks a direction that the order-in-original of 6-12-2013 be quashed. 2. By that order, the Commissioner of Customs has invoked the powers under Regulation 19 of the Customs Brokers Licensing Regulation, 2013 and suspended the existing CHA license of the writ petitioner. Apparently, in compliance with Regulation 19(2), a hearing was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the discretion to pass the order within fifteen days of hearing is, in fact, a mandatory requirement. At the same time, this Court is not oblivious of the fact that more than five months have elapsed since the hearing was given on 31-12-2013. In these circumstances, to balance the equities, it would be appropriate that the Commissioner grants a fresh hearing to the petitioner or his represen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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