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2022 (8) TMI 185 - HC - CustomsCancellation of petitioner s license - no notice or hearing of cancellation issued - HELD THAT - The order dated 19.07.2022 was passed despite the fact that in a connected matter in ACME HEERGARH POWERTECH PRIVATE LIMITED VERSUS CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS ANR. 2022 (7) TMI 726 - DELHI HIGH COURT we had issued an order dated 13.07.2022 whereby we had inter alia indicated that no coercive measures should be taken against the petitioner in the backdrop of the challenge laid to the instruction dated 09.07.2022. The action taken via the order dated 19.07.2022 in a sense also appears to be predicated on the instruction dated 09.07.2022 - Issue notice.
Issues:
1. Impleadment of Mr. Peeyoush Bhati, Additional Commissioner (Tech) in the proceedings. 2. Cancellation of petitioner's license without notice or hearing. 3. Stay of the order dated 19.07.2022. 4. Stay on the operation of instruction No.13/2022-Customs dated 09.07.2022. Impleadment of Mr. Peeyoush Bhati: The petitioner sought to implead Mr. Peeyoush Bhati as a party due to the impact of his order dated 19.07.2022 on the petitioner's interest. The order was passed without notice or hearing, prompting the petitioner to seek Mr. Bhati's inclusion in the proceedings. The High Court issued notice to Mr. Bhati and directed him to join the proceedings on 08.08.2022 either physically or via videoconferencing. Cancellation of License without Notice or Hearing: Mr. Sujit K. Ghosh, representing the petitioner, argued that the order dated 19.07.2022 cancelling the petitioner's license was untenable as it was done abruptly without issuing a show cause notice. The High Court noted that the order was passed despite a previous order prohibiting coercive measures against the petitioner in a related matter. The Court directed the respondents to file a reply within one week and listed the application for further hearing on 08.08.2022. Stay of Order dated 19.07.2022: An application was filed seeking a stay on the order dated 19.07.2022 which cancelled the petitioner's license. Mr. Ghosh contended that no show cause notice was issued before taking the adverse action. The Court issued notice to the respondents and directed that no further precipitate steps should be taken pursuant to the order dated 19.07.2022 until the next hearing on 08.08.2022. Stay on the Operation of Instruction No.13/2022-Customs: Another application sought a stay on the operation of instruction No.13/2022-Customs dated 09.07.2022. The Court, considering an earlier interim order, disposed of the application in the same terms as the previous order. Parties were instructed to act based on the digitally signed copy of the order, thereby addressing the request for a stay effectively.
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