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2007 (12) TMI 345

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..... per : T.K. Jayaraman, Member (T)]. This appeal has been filed against Order dated 2-4-2007 passed by the Commissioner of Customs, Cochin. 2. The appellants are M/s. Cargo Clear International, Willingdon Island, Cochin. They were granted a temporary Custom House Agent s Licence on 10-6-2003 for a period of one year under the erstwhile CHALR, 1984 on the condition that the Authorized Signat .....

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..... signatory failed to appear for the written examination conducted on 29-12-2006. Accordingly, in compliance with the Hon ble High Court s order and as per Regulation 8(5) of the CHALR, 2004 wherein it is mandatory for a temporary licence holder to pass the said examination within two years, the said temporary CHA licence was withdrawn on 15-2-2007. But another Writ Petition W.P. 8834 of 2007 was fi .....

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..... aring was granted. After granting the person hearing, the Commissioner passed the impugned order. The Commissioner had stated that the temporary licence was withdrawn on 15-2-2007 and Smt. Sreekala A.V was appointed on 19-2-2007 after the withdrawal of the temporary licence. He had also held that sufficient time and opportunity were available to the firm to comply with the provisions of CHALR, 200 .....

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..... proper and requested the Tribunal for setting aside the same. He reiterated that the Hon ble High Court of Kerala had given a specific direction to the Respondent to consider the request of extension of the CHA licence if the appellant submits the details of the qualified person. 5. On a very careful consideration of the matter, we find that the Hon ble High Court of Kerala had actually directe .....

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