M/S Tkw Management Solutions vs Commissioner Of Customs
2008 Latest Caselaw 2181 Del

*               THE HIGH COURT OF DELHI AT NEW DELHI


%                                Judgment delivered on : 05.12.2008

+                         WP(C) 8655/2008


M/S TKW MANAGEMENT SOLUTIONS                          .......PETITIONER

                                  -versus-

COMMISSIONER OF CUSTOMS                             ........RESPONDENT

Advocates who appeared in this case:

For the Petitioner        :      Mr Pradeep Jain & Mr Hari H Guin
For the Respondent        :      Mr Ashwani Bhardwaj

CORAM :-

HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE RAJIV SHAKDHER

1.    Whether the Reporters of local papers may
      be allowed to see the judgment ?

2.    To be referred to Reporters or not?
3.    Whether the judgment should be reported
      in the Digest ?

BADAR DURREZ AHMED, J (ORAL)

CM 16619/2008
*

Allowed subject to all just exceptions.

CM stands disposed of.

WP(C) 8655/2008 & CM 16618/2008 (for stay)

We have heard the learned counsel for the petitioner as well as the

counsel for the respondent who appeared on advance notice. The petitioner is

aggrieved by the order dated 28.11.2008 whereby his Custom House Agents

Licence has been suspended invoking Regulation 20(2) of Custom House

Agents Licensing Regulations, 2004. We have also taken note of the decision

of this Court in the case of International Cargo Services vs Union of India:

2006 (193) ELT 546 (Del.). In that decision it has been pointed out that where

the emergency provisions of the said regulations are invoked and the Custom

House Agent has not been given an opportunity of being heard prior to the

suspension of his licence, such agent has to be given an immediate post-

decisional hearing. We feel that this would be an appropriate course to follow

in the present case also. Consequently, we dispose of this writ petition with a

direction that a post-decisional hearing shall be given to the petitioner within

seven days and the order be passed within ten days. In case the petitioner is

still aggrieved by the order, it shall be open to him to take recourse to such

remedies as may be available to him under law.

This writ petition as well as all applications stand disposed of.

Dasti under the signatures of court master.

BADAR DURREZ AHMED, J

RAJIV SHAKDHER, J

December 05, 2008/mb