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Confederation Overseas Clearing Versus Principal Commissioner Of Customs (Airport) & Anr.

2016 (7) TMI 1215 - CALCUTTA HIGH COURT

Revocation of license – writ petition filed – maintainability – statutory remedy of appeal available – Held that: - when the statute provides a complete machinery for redress of grievance, it requires an exceptional case for the writ court to exercis .....

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medy is not efficacious. In such case, he ought to be granted liberty to workout his remedy in accordance with the statute – writ petition not maintainable – appeal if filed to be decided on merits. - WP No. 479 of 2016 - Dated:- 13-7-2016 - Dipankar .....

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ta whereby suspension of license of the petitioner has been confirmed and it has been ordered that proceedings for revoking the license as prescribed under regulation 20 of the Customs Brokers Licensing Regulation, 2013 be taken with immediate effect .....

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of the Customs Act. Without exhausting the alternative remedy provided by the statute, the petitioner has rushed to this Court by presenting this writ petition seeking quashing of the impugned order. According to Mr. Mehta, learned Advocate for the p .....

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ed against under the Customs House Agents Licensing Regulations, 2004. It is his further contention that the Principal Commissioner having proceeded against the petitioner under an erroneous provision of law, the same should be corrected in judicial .....

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to operate to the detriment and prejudice of the petitioner and hence such contention is not dealt with in this order. It is settled law that when the statute provides a complete machinery for redress of grievance, it requires an exceptional case fo .....

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