2023 (6) TMI 1374 - HC - Customs

Maintainability of petition - availability of alternative remedy of appeal - appealable order or not - Suspension of Petitioner s license as a Customs Cargo Service Provider - HELD THAT - Having heard learned counsel for the parties and having perused the record, in our opinion, it would be appropriate for the Petitioner to avail of the remedy of an appeal, so that the rival contentions of the parties on the aspects of facts and law can be adjudicated before the Tribunal - the merits of the rival contentions need not be dwelled upon. Insofar as the protection granted by this Court as noted above is concerned, the protection needs to be continued till the Petitioner approaches the Tribunal alongwith a stay application and till the orders are passed on the stay application - petition disposed off.

Summary

Issues:
The petition challenges the suspension of the petitioner's license as a Customs Cargo Service Provider by the Commissioner of Customs under the Handling of Cargo in Customs Areas Regulations 2009.

Details of the Judgment:

Issue 1: Suspension of License
The petitioner, a running concern with a large number of containers and employees, filed a petition challenging the suspension of its license. The High Court deferred the suspension to operate from a later date and extended protection until further orders. The court noted that the impugned order is appealable under Regulation 12(9) of the Regulations and Section 129(A) of the Customs Act, 1962. Both parties acknowledged the appealable nature of the order, with the respondent suggesting that the protection granted by the Court should not be continued. The Court held that the petitioner should avail the remedy of an appeal before the Tribunal to adjudicate the rival contentions of the parties on facts and law. The protection granted by the Court was to continue until the petitioner approaches the Tribunal with a stay application and until the orders are passed on the stay application.

Conclusion:
The High Court allowed the petitioner to approach the Tribunal in an appeal against the order dated 5th April 2023, with the appeal to be filed along with a stay application. The protection granted by the Court was to continue until the disposal of the stay application. All contentions of the parties on the appeal and stay application were expressly kept open. If the appeal and stay application were not filed, the protection granted by the Court would cease to operate, allowing the respondent to take further appropriate action as per the law. The Tribunal was directed to hear the parties on the stay application and pass appropriate orders within three months of the completion of pleadings on the stay application. The writ petition was disposed of with no costs.