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2017 (5) TMI 1235

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..... e not interfering with the impugned order dated 31st March, 2017 issued by Respondent No. 2 suspending the Petitioner’s licence, the Court directs that the Petitioner will appear before the Commissioner, Meerut on 5th June, 2017 at 11:00 am and by that date also tender a reply to the order of suspension - petition disposed off. - W.P.(C) 3265/2017 - - - Dated:- 22-5-2017 - S. MURALIDHAR VINOD .....

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..... he work as Custom Broker at Delhi Customs Stations. 3. The second is an order dated 31st March, 2017 issued by the Commissioner of Customs, Central Excise Service Tax, Commissionerate Hapur, Meerut, Uttar Pradesh whereby the Petitioner s CB license was suspended under Regulation 19(1) of CBLR and an opportunity was given to the Petitioner to appear before the Commissioner at Meerut for a post .....

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..... 30 (Kar) and SSS SAI Shipping Services Pvt. Ltd. v. Union of India 2016 (331) ELT 519 (Guj). 7. It is plain that in the present case no show cause notice was issued to the Petitioner prior to the passing of the impugned prohibition order by Respondent No. 1 on 15th March, 2017. The Court accordingly quashes the impugned order dated 15th March, 2017 passed by Respondent No. 1. 8. As regards .....

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..... s that the impugned suspension order is an appealable one. Secondly, the Petitioner has been given an opportunity to appear before the Commissioner, Meerut. It is only after hearing the Petitioner that the suspension order can be confirmed by the said authority. Therefore, any prayer in that regard must be pre-mature. It is seen that the suspension order does mention that since an enquiry was cont .....

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..... Commissioner, Meerut on 5th June, 2017 at 11:00 am and by that date also tender a reply to the order of suspension. Within two weeks of the said date, Respondent No. 2 will pass a final order in regard to the suspension in accordance with law by giving reasons and after taking into account all the submissions of the Petitioner. 12. The rights and contentions of the parties are left open to be u .....

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