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TMI Blog2019 (5) TMI 1746X X X X Extracts X X X X X X X X Extracts X X X X ..... o to promote the cause of justice. Further, Section 151 of Civil Procedure Code provides that a Court can pass any Order, in the interest of justice. Accordingly, it is deemed just and proper to modify the Final Order No. C/A/52655/2018, dated 31 July, 2018 and allow the appeal by way of remand to the Commissioner of Customs (Preventive), Jodhpur, with the direction to reconsider the renewal of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der-in-Original No. 01/2016, dated 2 February, 2016 penalty of ₹ 50,000/- was imposed under Regulation 22 read with Regulation 20 of CBLR, 2013. Being aggrieved, appellant had preferred Appeal No. C/51350/2016 before this Tribunal. The said appeal was dismissed as withdrawn vide Final Order dated 8 December, 2016. It is stated by the Learned Counsel that the Tribunal was not inclined to hear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice of the facts and events and also considering that without hearing of the appeal on merits, with respect to the penalty matter, the appellant is put to irreparable loss and injury, due to non-renewal of their CHA licence. Accordingly, by Miscellaneous Order No. 50797/2018, dated 29 October, 2018 this Tribunal recalled the Final Order dated 8 December, 2016 and restored the appeal to its ori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2018, is not modified and the matter is not remanded to the Commissioner of Customs (Preventive) for reconsideration of renewal of their CHA license, the appellant shall suffer irreparable loss and injury, and further the subsequent orders passed by this Tribunal on 29 October, 2018 and 27 November, 2018 shall be rendered infructuous and/or nugatory. 6. The Learned Authorised Representative fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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