M/S. R.M. Carriers Pvt Ltd And Anr vs Union Of India And Ors
2023 Latest Caselaw 105 Cal/2

OD -1

                                 ORDER SHEET

                               WPO/3210/2022
                      IN THE HIGH COURT AT CALCUTTA
                     CONSTITUTIONAL WRIT JURISDICTION
                               ORIGINAL SIDE


                   M/S. R.M. CARRIERS PVT LTD AND ANR.
                                   VS
                         UNION OF INDIA AND ORS.

  BEFORE:
  The Hon'ble JUSTICE MD. NIZAMUDDIN
  Date: 11th January, 2023
                                                                          Appearance:
                                                      Mr. Sagar Bandyopadhyay, Adv.
                                                          Mr. Arijit Chakraborty, Adv.
                                                        Mr. Debaditya Banerjee, Adv.
                                                      Mr. Syed Wasim Faruquee, Adv.
                                                                   ...For the Petitioner

                                                                Mr. Sagar Saha, Adv.
                                                                 ...for Union of India

                                                                  Mr. K.K. Maiti, Adv.
                                                                       ...For Customs



        The Court: Heard learned advocates appearing for the parties.

        By this writ petition, petitioner has challenged the impugned order of

suspension of his Customs Brokers Licence, dated 9th February, 2022 and

the impugned proceedings on the basis of show cause notice dated 29th

March, 2022, on the ground of being barred by limitation and prayed for

quashing of the impugned proceedings and revocation of the aforesaid

suspension order. Petitioner has relied on plethora of judgments in support

of his contention that the time for completion of impugned proceedings is 90

days under Regulation 17(5) of the Customs Brokers Licensing Regulations,

2018.
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      Mr. Maiti, learned Advocate appearing for the respondents prays for

liberty to file affidavit-in-opposition and considering his such prayer,

respondents are allowed to file affidavit-in-opposition within three weeks

and petitioner to file reply thereto, if any, within one week thereafter.

List this matter on 8th February, 2023 under the heading "For

Hearing".

At the time of hearing, parties should be ready with the short written

notes of arguments.

In the meantime there shall be no further proceedings.

(MD. NIZAMUDDIN, J.)

TR/