TMI Blog2016 (11) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... MADRAS HIGH COURT] by the appellant - it was held in the context of prohibition order against the CHA, that even an administrative order affecting the life of party can be passed only after following the principles of natural justice. Even though the relevant Regulation No. 23 of CBLR 2013 does not provide for issuance of notice to satisfy the principle of natural justice, the needs to be provided - matter remanded to the adjudicating authority to re-adjudge the matter after putting the appellant on notice of explaining the reasons for the action contemplated and pass a fresh order after giving them an effective hearing - appeal allowed by remand. - Customs Appeal No. 51758 of 2016 - ORDER NO.53572/2016 - Dated:- 16-9-2016 - Mr S K M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the licensing authority of Customs Broker License in their case was Commissioner of Customs, Hyderabad. They have also cited following case laws in their support and to argue that prohibition order cannot be passed against them without following the principle of natural justice even if the prohibition is considered as an administrative order. 1. A M Ahamed and Co. vs. CC, Tuticorin [2013 (288) ELT497 (Mad)]; 2. Shipping Clearing (Agents) Pvt. Ltd. vs. UOI [2014 (308) ELT45 (Cal)]; 3. Logic Transware India Pvt. Ltd. vs. CC [2014 (302) ELT 228 (Del)]; 4. International Cargo Services vs. UOI [2006 (193) ELT 546 (Del)]; and 5. S R Sale co. vs. UOI [2013 (296) ELT (Bom)]. 4. We have heard Shri Navneet Panwar, lea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l justice. In the case of Shipping and Clearing (Agents) Pvt. Ltd.(supra), the view taken by the Hon'ble High Court of Calcutta in on the same lines. The other case law cited also emphasis audi alteram partem which means that any person likely to be adversely effected by the action of authorities should be given notice to show cause and granted reasonable opportunity of being heard, before passing orders. 6. In the light of -the above decisions of various High Courts, we are of the opinion that even though the relevant Regulation No. 23 of CBLR 2013 does not provide for issuance of notice to satisfy the principle of natural justice, the needs to be provided. Accordingly, we set aside the impugned order and remand the matter to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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