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TMI Blog2014 (11) TMI 1112X X X X Extracts X X X X X X X X Extracts X X X X ..... A.A. Sayed, JJ. Shri Amit Balani, for the Petitioner. Shri Pradeep S. Jetly, for the Respondent. ORDER P.C. : Rule. The learned Counsel appearing for the respondent waives service. 2. By consent of the learned Counsel appearing for the parties, Rule made returnable forthwith. 3. The petitioner is a limited company registered under the Indian Companies Act, 1956. It is rendering services to importers and exporters and therefore functioning as Customs House Agent in the Mumbai-I, II and III Customs Commissionerates. 4. An order has been passed under Regulation 21 of the Customs House Agents Licencing Regulations, 2004 by the respondent before us, prohibiting and preventing the petitioner from working as such agent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s allowed and the penalty was set aside. 7. We were informed on the earlier occasion by the learned Counsel appearing for the respondent as to why the order passed under Regulation 21 and impugned in this writ petition cannot be interfered with simply because the substantive Commissionerate at Thiruvananthapuram has issued a show cause notice on 11th October, 2012. That show cause notice has yet not been adjudicated. Therefore, the benefit of the order passed by the Tribunal will not be available to the petitioner. 8. We indicated to Mr. Jetly as to why a further affidavit should not be filed and after taking proper instructions. Mr. Jetly has now filed an affidavit of one Ms. Ujjwala Bhagwat, the Deputy Commissioner of Customs, Custo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings. In such circumstances, when reliance is placed only on the said material, then, we are of the view that interest of justice would be served if the impugned order is quashed and set aside also because the petitioner complains that it did not have complete opportunity to present its version before the impugned order came to be passed. For the reasons aforesaid, we are of the view that interest of justice would be further served if we clarify that while we set aside the impugned order and which is operative within the Mumbai Commissionerate, our order and direction setting it aside would be subject to the proceedings that are pending before the Commissionerate of Customs at Thiruvananthapuram. Our order would also be subject to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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