9911796707
TMI Blog2000 (6) TMI 687X X X X Extracts X X X X X X X X Extracts X X X X ..... (2) of Regulation 21 of Customs House Agents Licensing Regulations, 1984. Against the said order the present appeal C/702/99-Mum. has been filed. Along with the said appeal an application for stay was filed. 2. By our order No. C-II/2037/99-WZB, dated 28-7-1999 issued on 13-8-1999 on the said stay application i.e. C/Stay-1915/99-Bom. we had held that there is no prima facie reason for the stay of the operation of the order. In the said order at paragraphs 3, 4 5 we had held as follows :- 3. Shri S.N. Kantawala the ld. Counsel submitted that in the case of under valuation, the concerned officers had accepted the request of shippers for cancellation of the shipment and that the goods were being carried back to the town when the consign ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which date the licence was suspended. Details of the proceedings instituted under Regulation 23 of the Custom House Agents Licensing Regulations, 1984 should be specifically narrated. This report should be filed by the DR with the registry by 28th April, 2000. Posted for mention on 3rd May, 2000. 4. In pursuance of the said order the Commissionerate informs the Tribunal as follows :- The CHA licence held by M/s. Mhatre Sons, CHA No. 11/392 was placed under suspension vide this office order dtd. 04/99 dtd. 09/15-04-1999 on the basis of report received from Marine Preventive Wing of Commissioner Preventive, Mumbai. Further a reference was made vide this office letter dated 01-07-1999, to the Marine Preventive Wing to forward final ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r dated 1-3-2000. We are in the month of May. The suspension order was made on 9-4-1999 nearly one year after the suspension. At the beginning itself we were reluctant to stay the suspension order because we felt certain irregularities seem to have been committed. In exercising the discretion vested in us as a quasi judicial authority we were not guided by our private opinion. We think we should follow the logic. We granted time to the jurisdictional Commissioner, taking note of the institution of the Custom House clearing agents whose services are required importantly in the working of the Custom House. We sought the factual position but the report filed by the jurisdictional Commissionerate proves that the matter is played like a football ..... X X X X Extracts X X X X X X X X Extracts X X X X
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