9911796707
TMI Blog2012 (5) TMI 385X X X X Extracts X X X X X X X X Extracts X X X X ..... .) and C/474/09 (Usha Shipping Agency) are dismissed as withdrawn. 2. The surviving appeal is the one filed by M.M. Clearing and the same is against the Commissioner's order dated 14.7.2008 suspending CHA licence No.11/853 with immediate effect under Regulation 20(2) of the Customs House Agents Licensing Regulations, 2004. 3. The learned counsel for the appellant submits that, though the CHA licence was suspended nearly three years ago contemplating inquiry against the CHA, there is no progress of inquiry against the appellant and, consequently, the appellant remains without livelihood. Though a statement of 'articles of charges' and a statement of 'imputation of misconduct' were issued to the appellant on 28.8.2009 and an inquiry ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r's order that both the consignments were handled by one Shri Mujeeb Usman Chasmawala, ex-employee of the CHA.The said Shri Chasmawala, in statements recorded under Section 108 of the Customs Act, stated, inter alia, that he was working with M/s. M.M. Clearing (appellant) till July 2007.The subjects imports were, reportedly, in the month of May 2007. The counsel for the appellant has furnished the following particulars of the relevant Bills of Entry, viz., Bill of Entry No.767695 dated 18.5.2007 and Bill of Entry No.768799 dated 23.5.2007. On the basis of these facts, the learned counsel has pointed out that the said Shri Chasmawala had handled both the consignments as employee of the CHA. In this context, he has given a brief account of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... il Mohd. & Sons and M/s. Mukadam Freight Systems Pvt. Ltd. were revoked by the Commissioner on the common ground of inordinate delay of departmental inquiry. This very ground is relevant to the case of M/s. M.M. Clearing as well. This appellant has not been able to carry on the business of CHA for nearly three years on account of the impugned suspension order of the Commissioner. Though an inquiry officer was appointed by the Commissioner in August 2009, it appears, he is yet to initiate action. It is also unfortunate that no post-decisional hearing was given to this party by the learned Commissioner after keeping them under ex parte suspension order for nearly three years. The High Court's judgment cited by the learned counsel would also s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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