2014 (9) TMI 521

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..... lation 19 has a limited life and, therefore, this Court feels that the petitioner has made out a prima facie case and the exigency requires an interim order to be passed.
Harish Tandon, J. Dr. Samir Chakraborty, Advocate and Shri Hasmukh Kundalia, for the Petitioner. Shri S.B. Saraf and K.K. Maity, Advocates, for the Respondent. ORDER The Court : The petitioner has challenged the Order No. 22 of 2013, dated 2-9-2013 issued by the Commissioner of Customs (Airport & Admn.) Custom House, Kolkata, prohibiting the petitioner from operating as customs broker in the sections of Port & Airport at Kolkata, Haldia until further orders. Apropos the said order, the Deputy Commissioner of Customs (CHA) Custom House, Kolkata issued a circular date .....

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..... opportunity to represent the case is imperative. 4. Further reliance is placed in case of M.P. State Agro Industries Development Corpn. Ltd. and Another v. Jahan Khan in (2007) 10 Supreme Court Cases 88, to the proposition that the existence of an alternative remedy is not an absolute bar and the High Court can exercise the power of judicial review under Article 226 of the Constitution if it involves the enforcement of the Fundamental Rights, failure of principles of natural justice and the order impugned is fully without jurisdiction or the vires of the act is challenged. While contending that the adherence of the rules of natural justice is not a mere formality but aims to secure the justice or to prevent the miscarriage of justice, .....

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..... it requires a hearing to the customs broker within 15 days from the date of the said order of suspension. This Court finds which is obviously tentative that even if Regulation 2013 does not provide in express term for providing an opportunity of hearing, the cumulative reading of the various Regulations envisage that an opportunity of hearing should be given before such a harsh decision is taken by the authorities. Even a suspension under Regulation 19 has a limited life and, therefore, this Court feels that the petitioner has made out a prima facie case and the exigency requires an interim order to be passed. 7. Accordingly, this Court, pass an interim order in terms of prayer (g) to the writ petition for a period of four weeks afte .....

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