9911796707
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Issues:
- Appeal against revocation of CHA licence and forfeiture of security deposit. - Application for continuance of proceedings after the death of the appellant. - Impleadment of the widow as co-appellant. - Interpretation of Regulation 16 of the Customs House Agents Licensing Regulations 2004. - Legal heir's eligibility to work as a CHA. - Stigma attached to the deceased appellant and its relevance in the proceedings. Analysis: 1. Application for Continuance of Proceedings: The appeal was filed by M/s. Samrat Shipping Services against the revocation of their CHA licence and forfeiture of the security deposit. After the death of the appellant, an application was made by the widow as the legal heir under Rule 22 of the CESTAT Procedure Rules, seeking continuance of the proceedings. The rule required the application to be filed within 60 days of the appellant's death, but the application was filed beyond this period. The Tribunal, after hearing both sides, decided to condone the delay based on the circumstances presented by the applicant. 2. Impleadment of Widow as Co-Appellant: The widow of the deceased appellant sought impleadment as a co-appellant in the proceedings. The appellant's counsel argued that the Commissioner's order was prejudicial and illegal as it revoked the licence without providing any alternative measures. However, the Tribunal noted that the widow, although a major, did not hold the required H card to work as a CHA as per Regulation 16 of the Customs House Agents Licensing Regulations 2004. Therefore, even if the proceedings continued, the relief sought could not be granted to her, rendering the continuation of the proceedings futile. 3. Interpretation of Regulation 16: Regulation 16 of the Customs House Agents Licensing Regulations 2004 was analyzed in detail to determine the eligibility of the legal heir to work as a CHA after the death of the original licensee. The regulation specified that the legal heir must be a major and an H card holder to be permitted to work as a CHA. As the widow did not meet the requirement of holding an H card, she could not be allowed to work as a CHA, making the continuation of the proceedings ineffective in providing the desired relief. 4. Stigma and Tribunal's Role: The appellant's counsel emphasized the stigma attached to the deceased appellant due to the Commissioner's findings. However, the Tribunal clarified that it was not the appropriate forum to address or eliminate any stigma associated with the appellant. The Tribunal's role was limited to interpreting and applying the relevant laws and regulations in the case. 5. Decision and Conclusion: Based on the analysis of the regulations and the eligibility criteria for working as a CHA, the Tribunal dismissed the application for continuance of the proceedings, recording that the appeal had already abated due to the failure to meet the regulatory requirements. The decision was made considering the legal provisions and the specific circumstances of the case, ultimately leading to the dismissal of the appeal.
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