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TMI Blog2016 (4) TMI 1214X X X X Extracts X X X X X X X X Extracts X X X X ..... ommissioner of Customs (General), New Custom House, Mumbai. M/s. Aquarius Maritime Pvt. Ltd. is before us for quashing the suspension following the order of Hon'ble High Court of Bombay dated 10th August, 2015 in Writ Petition No. 7306/2015 thus about alternate and equally efficacious remedy of appeal : '... and in the light of his concession that the order impugned in the writ petition is appealable and that remedy is efficacious and complete, we do not think that we should entertain the writ petition. We have no doubt that the Tribunal will redress all the grievances of the petitioner in the event that the Tribunal is approached by the petitioner.' 2. The appeal is against the following direction '.....in exercise of powers confer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Regulations. 5. We have heard both learned Counsel and learned Authorized Representative and have perused the report of the Inquiry Officer furnished by the learned Authorized Representative. The suspension and further proceedings are related to the three charges in the notice issued to the appellant and it may assist us to recall these here. The first article reproduces Regulation 3 and alleges contravention thereof in that appellant had attempted to carry on 'customs brokering' business by using the licence of M/s. Vignesh Freight Forwarders Pvt. Ltd. because none of their own employees had been granted customs passes. The second article reproduces Regulation 10 and alleges that, in contravention thereof, the appellant had sub-let ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r' being contracted by freight forwarders or even other customs brokers. It is the contracted customs broker, who, in the present instance, is M/s. Vignesh Freight Forwarders Pvt. Ltd., to ensure compliance with the provisions of the Customs Act, 1962. There is no allegation of non-compliance of contravention of the Customs Act, 1962 against appellant or contracted customs broker. Further, we notice that there is no prescription on the manner and terms of employment of individuals by customs brokers. To the extent that a broker has sought for and obtained passes for individuals claimed to be their employees, the brokers are responsible vicariously for any contravention of the provisions of the Customs Act, 1962 or breach of the Regulations ..... X X X X Extracts X X X X X X X X Extracts X X X X
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