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2021 (7) TMI 1047 - SC - CustomsGrant of fresh CHA License - HELD THAT - This appeal is disposed off with liberty to the appellant to make a fresh application for grant of CHA License, which be considered by the Competent Authority in accordance with law. In the event, the application for grant of fresh CHA License is rejected, it will be open to the appellant to take recourse to statutory remedy of appeal provided for in Regulation 9(4) of the Custom House Agent Licensing Regulations, 2004.
Issues:
1. Validity of Custom House Agent License issued in 2002. 2. Academic nature of the challenge due to license expiration in 2007. 3. Appellant's liberty to apply for a fresh CHA License. 4. Recourse to statutory appeal if fresh license application is rejected. Analysis: The Supreme Court addressed the issue concerning the Custom House Agent (CHA) License issued in 2002, noting its expiration in June 2007. The Learned Additional Solicitor General acknowledged the academic nature of the challenge raised by the appellant, suggesting that the appeal need not detain the Court. The Court, considering this submission, disposed of the appeal while granting the appellant the liberty to apply afresh for a CHA License. This fresh application, as emphasized by the Court, should be evaluated by the Competent Authority in accordance with the law, uninfluenced by the revocation order related to the previous license. Furthermore, the Court highlighted that in case the application for the fresh CHA License is rejected, the appellant retains the right to seek recourse through the statutory remedy of appeal, as provided in Regulation 9(4) of the Custom House Agent Licensing Regulations, 2004. This ensures that the appellant has a legal avenue to challenge any adverse decision on the fresh license application. The judgment concluded by disposing of the appeal and any pending applications in line with the terms outlined, thereby providing a clear directive for the appellant to pursue the necessary steps for obtaining a CHA License.
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