M/S. Brighway Impex v. The Commissioner Of Customs (General)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-03-2026
CORAM
THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ M/s.Brighway Impex Door No.50/66 Saravarimuthu Street, Mannady, Parrys, Chennai-01.
Rep. by its Partner Shri Naveen Taj ..Petitioner(s) Vs The Commissioner of Customs (General) No.60 Rajaji Salai, Customs House, Chennai-01.
..Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondent herein to consider representation of the petitioner dated 27.01.2026 in so far as in the said representation the petitioner had sought the office of respondent to condone the delay in appointing the F-Card holder and further to take on record, the newly appointed F- Card holder duly qualified under Regulation 9 of CHALR 1984 being the authorized person of the petitioner customs broker firm and to update such details in the Customs Broker License Management system (CBLMS) Portal, including the issuance of the identity card to the F-Card, G- Card and HCard so appointed by the petitioner CB firm and to permit to operation the petitioner firm as customs broker under the CBLR 2018. For Petitioner(s):
Mr.S.Baskaran For Respondent(s):
Mr.B.Sivaraman Junior Panel Counsel
ORDER
The present writ petition has been filed praying for a writ of Mandamus to consider the representation of the petitioner dated 27.01.2026 whereby the petitioner had requested the respondent to condone the delay in appointing the F-card Holder and to take on record the newly appointed F-card Holder who is the authorised person of the petitioner Customs Broker Firm and to update the details in the Customs Broker License Management System (CBLMS) Portal, including the issuance of the identity card to F-card, G-card and H-card, so appointed by the petitioner.
2. Petitioner is a partnership firm with one of the Constituent Members Mr.P.T.Thiagarajan being the present F-card Holder and appointed as the authorised signatory by the said Firm. Mr.Thiagarajan qualified under Regulation 9 of CHALR, 1994 and was originally issued with regular CB License by the Chennai Commissioner Customs valid till December, 2026. Petitioner was issued with the Customs Broker License, in the year 2011. At that time, Mr.Kumarasamy was appointed as F-card Holder / authorised person to sign the Bills of Entry and Shipping bills. The said Kumarasamy resigned from the partnership firm sometime during 2023.
3. In the meanwhile, Mr.Manoharan, G-card Holder of the petitioner CB Firm was appointed as the authorised person for the purpose of signing Bills of Entries and the shipping bills. Petitioner would submit that in terms of Regulation 11(3) of the CBLR, 2018, the validity of the authorisation given to the petitioner to permit a G-card Holder to be the authorised person to operate the CB license would be valid for a period of 2 years and the same expired sometime in the year 2025. The Regulation also provides that the G-card holder in the two year period may attend exams to qualify as an F-card holder. Mr.Manoharan did not clear the F-card exams nor has the petitioner appointed any new F-card holder. As a result, the petitioner firm was unable to operate as a Customs Broker.
4. In such circumstances, petitioner had appointed Mr.Thiagarajan an Fcard holder as the authorised signatory of the said firm. It is stated that the appointment of said Thiagarajan as authorised signatory was made after the two year period. It is under such circumstances, the petitioner submitted a representation on 27.01.2026 requesting condonation of delay in appointing beyond the period provided under Regulation 11(3) of the CBLR, 2018, which is yet to be examined. Hence this writ petition.
5. In view thereof, this Court is inclined to dispose of the writ petition by directing the respondents to consider the representation submitted by the
petitioner dated 27.01.2026 while making it clear that no opinion has been expressed by this Court on the jurisdiction/ power of the authority to condone the delay beyond the two year period prescribed under Regulation 11(3) of CBLR, 2018. The respondents shall afford an opportunity of personal hearing to the petitioner before disposing of the representation. The respondents shall complete the process within a period of six (6) weeks from the date of receipt of a copy of this order. The above course when suggested was agreed to by the learned counsel for petitioner.
6. Accordingly, the writ petition stands disposed of. No costs. 30-03-2026 Index: Yes/No Speaking/Non-speaking order MKA
To:
The Commissioner of Customs (General) No.60 Rajaji Salai, Customs House, Chennai-01.
MOHAMMED SHAFFIQ J.
MKA 30-03-2026