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TMI Blog2013 (6) TMI 182X X X X Extracts X X X X X X X X Extracts X X X X ..... be implemented. - Writ Petition No. 1154 of 2012 - - - Dated:- 22-8-2012 - B.P. Dharmadhikari and A.P. Bhangale, JJ. Shri S.G. Jagtap, Advocate, for the Petitioner. Shri S.K. Mishra, ASGI, for the Respondent. ORDER Heard Mr. S.G. Jagtap, Adv. for the petitioner and Mr. S.K. Mishra, Assistant Solicitor General of India for the respondents. 2. The prayer of the assessee is to direct the respondents to take steps and to implement the order dated 12-10-2010 passed by the Chief Commissioner of Customs. By the said order, earlier order dated 3-9-2010 suspending the license of the petitioner has been cancelled. The order dated 3-9-2010 issued under Regulation No. 20 of the Customs House Agents Licensing Regulations, 2004 (here ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner, but to take recourse to Section 129D of the Customs Act, 1962. 2. For appreciating this submission, we are required to peruse the order dated 30-9-2010, copy of which has not been annexed to the preliminary submissions. In all fairness, Mr. Mishra states that he would produce the same within one week. 3. Stand over for one week i.e. 19-6-2012. Steno copy of this order be supplied as per rule. 5. Thereafter, the petitioner has filed a rejoinder stating that there is no order dated 30-9-2010. 6. An original of the order-sheet which, according to the respondents, shows the approval to the order dated 3-9-2010, is produced before this Court. That original shows that the Chief Commissioner at Nagpur has approved the note ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nding or revoking the licence under Regulation No. 20. 10. Mr. Jagtap, learned Counsel has attempted to demonstrate that the events noticed warranting suspension are much older and therefore, they are beyond the time limit stipulated in Regulation No. 22, sub-regulation (1). He submits that the order dated 3-9-2010 was bad in law and unsustainable. 11. Mr. S.K. Mishra, learned A.S.G.I. has attempted to urge that the order dated 12-10-2010 is without any authority in law because the Chief Commissioner does not possess any power - either in the Regulations of 2004 or even under the Customs Act. 12. We have perused various provisions and find that authority is not conferred upon the Chief Commissioner when a quasi judicial order is passe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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