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2023 (6) TMI 1374

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..... Service Provider - HELD THAT:- Having heard learned counsel for the parties and having perused the record, in our opinion, it would be appropriate for the Petitioner to avail of the remedy of an appeal, so that the rival contentions of the parties on the aspects of facts and law can be adjudicated before the Tribunal - the merits of the rival contentions need not be dwelled upon. Insofar as the p .....

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..... Petitioner s license as a Customs Cargo Service Provider has been suspended w.e.f. 16th April 2023 to 30th April 2023. 2. The Petitioner being aggrieved by the impugned order contending that it is a running concern with large number of containers in its area, as also having employed large number of employees to conduct the unit contended that a serious prejudice would be caused to the Petitioner i .....

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..... notice to the Petitioner s reply, panchnama, other documents and the impugned order. Mr. Dada has urged several contentions, however, Mr. Dada would fairly state that the impugned order is an appealable order under Regulation 12(9) of the said Regulations, and an appeal would lie against the impugned order before the Tribunal under Section 129(A) of the Customs Act, 1962. 4. Mr. Subir Kumar, learn .....

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..... y 2023. 6. Insofar as the protection granted by this Court as noted above is concerned, in our opinion, the protection needs to be continued till the Petitioner approaches the Tribunal alongwith a stay application and till the orders are passed on the stay application. We, accordingly, dispose of this Petition in terms of the following order:- ORDER (i). Petitioner is permitted to approach the Tri .....

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