2017 (2) TMI 525 - HC - Customs

Restoration of CHA licence - An appeal preferred against the order of suspension was allowed by an order dated August 8, 2016. Although an appeal has been filed before the Hon ble Division Bench, the authorities have not applied for stay - Held that - The petitioner was a Customs House Agent till such agency being suspended by an order passed by the respondents. Such order was reversed by the Appellate Authority by an order dated August 8, 2016. The Appellate Authority has held that the order of suspension is bad. Till now, the respondents have not obtained any order of stay of the order of restoration CHA licence passed by the Appellate Authority. Licence restored - petition allowed - decided in favor of petitioner.

Summary

Issues:
Non-restoration of Customs House Agent (CHA) Licence despite Appellate Authority's order.

Analysis:
The petitioner, a CHA Licence-holder, complained that despite the Appellate Authority's decision to restore the CHA Licence, the authorities failed to comply. The petitioner's license was initially suspended on April 22, 2016, but an appeal against the suspension was successful, with the Appellate Authority overturning the suspension on August 8, 2016. The petitioner's advocate argued that the authorities did not seek a stay on the Appellate Authority's decision, and therefore, they should follow the direction of the Appellate Authority.

The respondents' advocate contended that the appeal filed by the authorities against the Appellate Authority's decision was defective and highlighted that there was no current stay on the Appellate Authority's order. The Appellate Authority had deemed the suspension order as invalid and had not obtained a stay on the restoration of the CHA license.

In light of the circumstances, the Court directed the respondents to restore the petitioner's CHA license within two weeks from the date of communication of the order. The Court disposed of WP No. 1121 of 2016 without any costs.