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TMI Blog2014 (11) TMI 359X X X X Extracts X X X X X X X X Extracts X X X X ..... P. A. Augustian JUDGMENT Ashok Bhushan, Ag.C.J. Heard learned Standing Counsel for the appellants and learned counsel appearing for the respondent/writ petitioner. 2. This writ Appeal has been filed against the interim order dated 23.09.2014 passed in W.P.(C) No.20243 of 2014. Looking into the nature of the dispute raised between the parties, we admit the appeal and finalise the same. 3. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the suspension order was passed by the Commissioner of Customs (General), Mumbai in exercise of his power under Regulation 19 and there was no error in exercising such power which may warrant interference by this Court. He further submits that against Ext.P6 order the writ petitioner has a statutory remedy under Regulation 21 by filing an appeal under Section 129A of the Customs Act, 1962 bef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r dated 28.07.2014 had been passed under Regulation 19(2) of the Customs Broker Licensing Regulations, 2013 after giving opportunity of hearing to the petitioner. The said order is an order suspending the license of the petitioner after granting an opportunity of hearing. Respondent has no contention that the authority has no jurisdiction to pass the order or it has been passed in breach of the ru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interim order passed by learned Single Judge cannot be upheld. Consequently, we set aside the interim order passed by learned Single Judge dated 23.09.2014. We, however, observe that the Commissioner of Customs, Mumbai may proceed to finalise the proceedings as early as possible. We make it clear that if the writ petitioner is so advised, he can avail the statutory remedy available. With the abov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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