2009 (8) TMI 1121 - HC - Customs

Summary

Issues:
1. Challenge to the revocation order under Regulation 20 of the Customs House Agents Licensing Regulations, 2004.
2. Lack of opportunity for a personal hearing before passing the impugned order.
3. Delay in functioning of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT).
4. Request for extension of interim suspension order by the petitioner.

Analysis:
1. The writ petition challenges the revocation order passed by the Commissioner of Central Excise & Customs under Regulation 20 of the Customs House Agents Licensing Regulations, 2004, alleging arbitrariness and illegality. The petitioner contends that the order was issued without providing an opportunity for a personal hearing, which is a crucial procedural safeguard in such matters.

2. The petitioner had filed an appeal before the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), South Zonal Bench, Bangalore, along with an interlocutory application seeking a stay on the impugned order. However, due to administrative reasons, CESTAT was not functioning at the time, leading the petitioner to file the instant writ petition seeking relief.

3. The learned counsel for the petitioner informed the court that CESTAT has resumed functioning, and requested a direction to dispose of the interlocutory application filed in Appeal No. 420 of 2009. The court, after hearing both parties, directed CESTAT to adjudicate on the interlocutory application within three weeks from the date of the court's order. The interim suspension order issued by the court earlier was also extended until CESTAT's decision.

4. In light of the above directions and developments, the High Court disposed of the writ petition at the admission stage, refraining from issuing any order as to costs. The judgment focused on ensuring procedural fairness and timely resolution of the petitioner's appeal before the appropriate appellate forum, CESTAT, emphasizing the importance of providing a fair hearing and expeditious adjudication in matters of licensing regulations and revocation orders.