2017 (12) TMI 1039 - HC - Customs

Alternative remedy of appeal - Section 129A of the CA, 1962 - Revocation of CHA License - Held that - Section 129A of the CA, 1962 provides for an appeal before the Appellate Authority against any decision or order passed by the Commissioner of Customs as an adjudicating authority or even an order passed by the Commissioner of Appeals under Section 129A of the Act - the petitioner should avail such alternative remedy in accordance with Section 129A of the Act - petition disposed off with a liberty and direction to the petitioner to avail such alternative remedy before the Appellate Tribunal in accordance with law.

Summary

Issues Involved:
- Challenge to suspension order dated 19.01.2016 passed by the Commissioner Customs Bengaluru
- Availability of alternative remedy under Section 129A of the Customs Act, 1962

Analysis:

Challenge to Suspension Order:
The petitioner filed a Writ Petition seeking to quash the suspension order dated 19.01.2016 passed by the Commissioner of Customs Bengaluru. The petitioner also requested the issuance of a Writ of Certiorari or any appropriate writ, along with the award of costs in their favor. However, during the proceedings, it was noted that the respondent had passed an order upholding the suspension order against the petitioner. The registration of the petitioner, M/s Budget Courier Private Limited, was revoked in accordance with the Courier Imports and Exports (Clearance) Regulations, 1998, and other relevant regulations.

Availability of Alternative Remedy:
Section 129A of the Customs Act, 1962 provides for an appeal mechanism before the Appellate Authority against decisions or orders made by the Commissioner of Customs in an adjudicating capacity or by the Commissioner of Appeals under the same Act. The Court highlighted that the petitioner has an alternative remedy available under Section 129A against the order passed by the Commissioner of Customs. The Court emphasized that the petitioner should utilize this alternative remedy as provided by law. Consequently, the Court disposed of the Writ Petition, granting liberty and direction to the petitioner to pursue the available remedy before the Appellate Tribunal in accordance with the law, without imposing any costs.

In conclusion, the High Court of Karnataka, in the judgment, directed the petitioner to pursue the available alternative remedy under Section 129A of the Customs Act, 1962, before the Appellate Tribunal. The Court emphasized the importance of utilizing the statutory appeal mechanism provided by law, thereby disposing of the Writ Petition without imposing any costs on either party.