TMI Blog1999 (8) TMI 324X X X X Extracts X X X X X X X X Extracts X X X X ..... . [Order per : Jyoti Balasundaram, Member (J)]. The above appeal arises out of the order of the Commissioner of Customs, Mumbai who has suspended the Custom House Agent Licence held by the appellants herein, pending enquiry proceedings under Regulation 23 of the Custom House Agent Licensing Regulation, 1984 for revokation of their licence and the ground for suspension is the appellants ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he notice was adjudicated in March, 1998, while the impugned order of suspension has been passed after a period of 9 months, i.e. in December, 1998 and it was communicated to the appellants only in July, 1999. The appellants rely upon the decision of the Hon ble Calcutta High Court in the case of N.C. Singha Sons v. Union of India reported in 1998 (104) E.L.T. 11 (Cal.) wherein the Hon ble High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 95 (77) E.L.T. 79 which expressed the same view. 3. The order is defended by the learned DR who submits that the action of suspension was warranted since they are clearly involved in fraud, in collusion with certain firms, and that they had intentionally and wilfully withheld information regarding imported cargo with a view to gain pecuniary advantage to themselves. He further submits that the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... further delay of over 9 months in communication of the order till July, 1999 as seen from the letter dated 22-7-1999, from the Office of the Commissioner in response to the appellants letter dated 20-7-1999 in which they requested for a copy of the suspension order since no such order had been received by them prior to that date. Therefore, we are of the view that this is not a case where any im ..... X X X X Extracts X X X X X X X X Extracts X X X X
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