2020 (3) TMI 652 - HC - Customs

Stay against the forfeiture of bank guarantee - allowance to work under his Customs Broker s licence - HELD THAT - It appears that against the Order-in-Original dated 13th September, 2019 passed by the respondent (Annexure A to the memo of this writ petition), an appeal has already been preferred by the petitioner before the CESTAT, New Delhi. Since, the petitioner has already preferred an appeal before the CESTAT, New Delhi, wherein stay application can be preferred by the petitioner, we therefore direct that as and when such stay application is preferred by the petitioner before the CESTAT, the CESTAT will decide the same, in accordance with law, rules, regulations and the Government policy applicable to the facts of the present case. Petition disposed off.

Summary

Issues:
1. Forfeiture of bank guarantee worth ?75,000
2. Praying for writ of mandamus to work under Customs Broker license

Analysis:
1. The petitioner filed a writ petition seeking to quash the order of the respondent department forfeiting a bank guarantee of ?75,000 and requesting a writ of mandamus to allow working under the Customs Broker license. The court noted that an appeal had already been filed by the petitioner against the Order-in-Original dated 13th September, 2019, before the CESTAT, New Delhi.

2. The court directed that since the petitioner had appealed before the CESTAT, New Delhi, and could file a stay application there, the CESTAT would decide on the stay application as per the relevant laws, rules, regulations, and government policies. Consequently, the court found no reason to entertain the writ petition and disposed of the same.

Civil Miscellaneous Application:
The civil miscellaneous application was disposed of in view of the order passed in the writ petition, bringing the entire matter to a close.