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1992 (10) TMI 90 - HC - Customs

Issues:
1. Cancellation of Customs House Agents License due to failure to meet examination requirements.
2. Dispute regarding the appointment of a manager and approval by the Customs authorities.
3. Rejection of the application for approval based on employee's previous employment details.
4. Jurisdiction of the High Court under Article 226 of the Constitution.
5. Application for continuation of interim orders and its rejection.

Analysis:
1. The judgment pertains to a partnership firm operating as Customs House Agents in Bombay. The firm was granted a temporary license valid for one year, revalidated for an additional year, which was set to expire on 20th May 1988. Regulation 9 mandated at least one partner to qualify in written and oral examinations within two years for a regular license. None of the partners met this requirement, leading to the cancellation of the license by the authorities.

2. A dispute arose regarding the appointment of a manager, Satishchandra T. Parekh, by the firm to transact business on their behalf. The firm sought approval from the Assistant Collector of Customs as per Regulation 20(2). Despite multiple requests, the approval was denied, and the authorities rejected the contention that Parekh was appointed before the license cancellation due to the absence of a Custom Pass issued in the firm's name.

3. The rejection of the approval application was based on Parekh's attestation form, indicating his previous employment details until March 1990, without mentioning his tenure with the petitioner-firm. The court upheld the authorities' decision, emphasizing the lack of clarity in the firm's subsequent affidavit regarding Parekh's employment history, leading to a lack of confidence in the assertions made.

4. The High Court deliberated on its jurisdiction under Article 226 of the Constitution in the case. Given the circumstances and the lack of compelling reasons presented by the petitioners, the court dismissed the petition with costs, indicating a reluctance to intervene in the matter.

5. Additionally, the petitioners sought the continuation of interim orders, which were found to be obtained erroneously based on a misunderstanding regarding the nature of the petition in comparison to other related matters. The court rejected the application for continuation of interim orders, highlighting the incorrect basis on which they were initially granted.

In conclusion, the judgment addresses the cancellation of a Customs House Agents license, the dispute over a manager's appointment, the rejection of approval by the authorities, the court's jurisdiction under Article 226, and the rejection of the application for the continuation of interim orders.

 

 

 

 

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