9911796707
TMI Blog2007 (11) TMI 311X X X X Extracts X X X X X X X X Extracts X X X X ..... order. The continuation and resumption of the said proceedings shall be guided by the final order of the CESTAT. It is open to the petitioner to seek early disposal of the Appeal against the order of the suspension pending before the Tribunal. If such an application is made, the Tribunal shall endeavour to hear the matter at the earliest. - 8168 of 2007 - - - Dated:- 5-11-2007 - S. Ravindra Bhat, J. [Order]. - Issue notice. Mr. Pradeep Kumar Bakshi, Advocate accepts notice on behalf of the respondents. With the consent of the learned Counsel for the parties, the petition was heard finally. 2. The petitioner is aggrieved by a show cause notice issued under Regulation 22 of the Customs House Agent Licencing Regulations, 2004 (h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as issued asking the petitioner why the CHA licence in his favour be not revoked, i.e. assailing the present case. 4. Learned Counsel submitted that the respondents did not apply their mind to the circumstances. The last bill of entry in question was filed in January, 2003. Yet the respondent chose to take action more than three years later. In the meanwhile, there were no complaints against the petitioner. Learned Counsel relied upon the fresh order made by the Customs Authorities suspending the licence, dated 17-4-2007 and contended that this betrays an adverse mind set against the petitioner. It was also contended that the issuance of the impugned show cause notice is a ritual formality as the respondents have pre-determined to revoke ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... What is in question here is the show cause notice issued on 18-7-2007 proposing cancellation of the petitioner's licence. 8. I am of the opinion that there is some substance in the argument made on behalf of the petitioner that there would be perhaps an inevitability about the result in the impugned show cause notice. The previous two proceeding which culminated in the issuance of the show cause notice; viz-a-viz suspension were premised undisputedly on the findings of the adjudicating authority. The correctness of those findings is yet to be determined in the Appeal preferred by the petitioner. In these circumstances, although the respondent has power to proceed and to take action, I am of the opinion that the matter could be redressed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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