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2012 (10) TMI 740

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..... use Agents Licencing Regulations, 2004, on the petitioner complying with the requirements prescribed under Regulation 10 of the said regulations. In favour of assessee - Writ Petition No.23363 of 2011 - - - Dated:- 30-8-2012 - M. Jaichandren, J. Appellant Rep by: Mr. Joseph Prabakar Respondent Rep by: Mr. K. Ravindranath (SCGSC) (R1), Mr. P. Mahadevan (R2) Mr. E. Vijayanand, (R3) ORDER Heard the learned counsel appearing for the petitioner, as well as the learned counsel appearing on behalf of the respondents. 2. It has been stated that the petitioner had appeared in the Customs House Agent written examination and the oral examination, held under Regulation 9 of the Customs House Agents Licensing Regulations, 1984. .....

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..... the written examination, prior to the coming into force of the regulations issued in the year, 2004. The said petitioners had qualified in the oral examination after the new regulations had come into force. The writ appeal filed against the said order, by the Department of Customs, in W.A.No.1182 of 2011, had been dismissed by this Court, by its order, dated 26.9.2011. 5. It had been further stated that a Division Bench of the Gujarat High Court had quashed the new regulations issued in the year, 2004, by its order, dated 1.10.2010, in Ravindra K. Joshi Vs. Union of India (2011 (267) E.L.T 337 (Guj.). It had been further stated that, in G. Saravanan Vs. Union of India and others, this Court, by its order, dated 28.9.2011, made in W.P.No. .....

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..... he learned counsels appearing on behalf of the respondents had not been in a position to show that the petitioner is ineligible for the grant of the Customs House Agents Licence, as per the new regulations issued in the year, 2004. There is no dispute that the petitioner had passed the written, as well as the oral examination under Regulation 9 of the Customs House Agents Licensing Regulations, 1984, which were existing prior to the coming into force of the new regulations in the year, 2004. 8. In such circumstances, in view of the contentions raised on behalf of the petitioner and in view of the decisions cited supra, this Court finds it appropriate to direct the respondents to issue the necessary certificate granting the Customs House A .....

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