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TMI Blog2013 (10) TMI 896X X X X Extracts X X X X X X X X Extracts X X X X ..... egulations. As a corollary, it must be held that those who had cleared the examinations held between 1995 and 2003 under the 1984 Regulations would be eligible for grant of licence subject to their fulfilling other conditions of eligibility - Following decision of SUNIL KOHLI & ORS Versus UNION OF INDIA & ORS [2012 (10) TMI 638 - SUPREME COURT] - Decided in favour of petitioner. - Writ Petition No.28643 of 2011 - - - Dated:- 30-8-2012 - M. Jaichandren,JJ. For the Petitioner : Mr. Joseph Prabakar For the Respondents : 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 respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t this Court had passed an order, dated 31.3.2010, in W.P.No.5472 of 2010, directing the Commissioner of Customs (CHA Section) Chennai, to issue Customs House Licence to the petitioners therein, who had qualified in 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner is eligible for the grant of Customs House Agents Licence, as he had passed the written, as well as the oral examination, held prior to the coming into force of the new regulations in the year, 2004. 7. The 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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