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M/s Marks Logistics Versus Commissioner Of Customs And Asstt Registrar

2015 (10) TMI 2501 - KERALA HIGH COURT

Restoration of Customs Broker's licence - Learned Standing Counsel submitted that since the matter is pending before the Tribunal, it is not proper for this Court to issue a mandamus to restore the licence. It is pointed out that the matter has not a .....

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hall be a provisional restoration of petitioner's licence, pending consideration of the opinion of third Member. Since majority has now agreed to set aside the order of revocation of licence, interest of justice demands, licence shall be provisionall .....

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i John Varghese, SC Cen. Board of Excise, Sri Thomas Mathew Nellimoottil, SC CB Excise ORDER Petitioner-M/s.Marks Logistics is working as Customs Broker in Cochin. The petitioner's licence has been revoked by the Commissioner of Customs/the first .....

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th regard to forfeiture of security amount referred the matter to the third Member. The operative portion of the order of the Tribunal is as follows:- "Since there is a difference of opinion as regards the forfeiture of the security amount and s .....

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be resolved by the third Member. However, on going through the order signed by the learned Member (Technical), it is seen that following differences of opinion emerge:- (i) When both the Members have set aside the revocation of the licence, whether t .....

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security amount has to be set aside in toto, as held by learned Member (Judicial) or the same has to be upheld to the extent of ₹ 75,000/-, as ordered by learned Member (Technical); and (iii) Whether the appeal has to be allowed fully as held .....

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ce to the petitioner. 3. The learned Standing Counsel would oppose the prayer and submit that since the matter is pending before the Tribunal, it is not proper for this Court to issue a mandamus to restore the licence. It is pointed out that the matt .....

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