9911796707
TMI Blog2005 (12) TMI 128X X X X Extracts X X X X X X X X Extracts X X X X ..... r way. The matter was accordingly posted to 30-12-2005. Subsequently, the CHA's application for stay of operation of the impugned order arose before the Bench on 5-12-2005 and this application was adjourned to this day. Today, the report which was called for from the SDR has come on record and a copy of the same has been served on the appellants' Counsel. Now that the report has come on record, hearing on the Early Hearing application is advanced to this day and the hearing in the stay application is also being taken up. 2. After examining the records and hearing both sides on these two applications, I am of the view that the appeal itself requires to be finally disposed of. Accordingly, after allowing the EH application and dismissing th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be initiated. It is submitted that these proceedings will be initiated shortly. Learned SDR has endeavored to support the impugned order on the strength of the Tribunal's decision in Viswanath Shipping Agency v. CC, (General), Mumbai reported in 2004 (167) E.L.T. 159 (Tri. - Mumbai). Alternatively, it is suggested that the appeal be disposed of with appropriate direction to the Commissioner of Customs and, in the meanwhile, the order of suspension of the licence be kept in abeyance. 5. After careful consideration of the submissions, I note that the appellants have pleaded ignorance of the activities of the their Manager Shri Mohammed Aneez at Coimbatore. Investigations conducted by the Departmental officers have revealed that Shri Mohd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... grievance raised by the appellants in this appeal is that any facts necessary for constituting urgency of immediate action are not forthcoming from the impugned order. Yet another ground of challenge against the order of suspension is that the suspension has been ordered as a punishment. I have also noticed that the impugned order wrongly treats the suspension as punishment. However, I am not inclined to dislodge the suspension order on this ground alone inasmuch as there is enough material in the order to indicate that the CHA through their employees were indulging in fraudulent activities involving as many as 16 exporters, most of them fictitious. Shipping Bills and allied export documents prepared by the CHA in the name of fictitious "e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... delay and be concluded in accordance with law and the principles of natural justice within the minimum possible time, having regard to the fact that the suspension of CHA licence has affected the livelihood of the employees of the CHA. In the case of Freightwings and Travels Ltd. v. Commissioner reported in 2001 (129) E.L.T. 226 (Tri.-LB), a Larger Bench of this Tribunal disposed of a similar case with a direction for post decisional hearing. Following that decision, I direct the Commissioner of Customs, Coimbatore, to complete enquiry against the CHA and pass final order within a period of four months from today after duly considering the CHA's explanation dated 10-11-2005 and other submissions. In the event of any final order not being pa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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