9911796707
TMI Blog2023 (10) TMI 1261X X X X Extracts X X X X X X X X Extracts X X X X ..... a/w Mr. Chirag Shetty i/by Economic Laws Practice. For the Respondents : Mr. Subir Kumar a/w Ms. Sangeeta Yadav, Ms. Sruti Kalyanikar and Ms. Janhavi Hirlekar. JUDGMENT: 1. This Petition under Article 226 of the Constitution challenges an order dated 20 October 2023 passed by the Commissioner of Customs (General), whereby exercising powers under the Handling of Cargo in Customs Areas Regulat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore, a serious prejudice would be caused if the impugned order to the extent it suspends the licence of the petitioner is allowed to operate. 3. It is on the above backdrop we have heard learned counsel for the parties. Mr. Thacker, learned counsel for the petitioner has taken us through the record which primarily includes the show cause notice and order in original. However, Mr. Thacker fairly s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adjudicated before the Tribunal. We, therefore, do not dwell into the merits of the rival contentions. 6. In our view, since the petitioner is a running concern employing more than 350 employees and handling large number of consignments day-in day-out, if the suspension order is not stayed certainly a prejudice would be caused to the petitioner who is dealing with the cargo belonging to third pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stay application is not filed within two weeks as in (i) above, the stay as granted by us shall cease to operate and in that event, Respondent shall be at liberty to take further appropriate action as per the provisions of law after the period of limitation to file the appeal expires. (v) The Tribunal shall make an endeavour to hear the parties on the stay application and pass appropriate orders ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
