M/S.All Win Shipping Services v. The Commissioner Of Customs (General)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-04-2026
CORAM
THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P. Nos.18384 and 18386 of 2026 M/s.All Win Shipping Services No.3/1B, 57th Street, Ashok nagar, Chennai - 600 078.
Rep. by its partner Mr.R.Karthik ..Petitioner(s) Vs
1. The Commissioner of Customs (General) Chennai Customs Zone, 60, Rajaji Salai, Custom House, Chennai - 600 001.
2. The Deputy/Asst.Commissioner of Customs (Preventive)/ Inquiry Officer, Preventive Commissionerate, No.60, Rajaji Salai, Customs House, Chennai - 600 001.
..Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorari calling for the records pertaining to impugned communication notice in F.No.GEN/CB/ACTN/35/2026-CBS dated 20.04.2026 issued by the 2nd respondent and to quash the same in so far as the said communication notice dated 20.04.2026 which had referred to the show cause notice No.24/2026 dated 13.04.2026 issued in F.No.GEN/CB/ACTN/35/2006CBS by the 1st respondent/commissioner of customs (general) chennai, for the purpose of conducting the inquiry, is without jurisdiction and authority law, contrary to the CBLR, 2018 and also in clear violation to the principles of natural justice, in terms of various judicial pronouncement rendered in this
regard.
For Petitioner(s):
Mr.S.Baskaran For Respondent(s):
Mr.S.M.Deenadayalan Senior Standing Counsel
ORDER
The present writ petition is filed challenging the communication dated 20.04.2026 intimating the petitioner regarding personal hearing fixed on 29.04.2026, pursuant to the show cause notice dated 13.04.2026 issued in terms of Regulation 17(1) of Customs Broker Licensing Regulation (CBLR), 2018.
2. At the outset, learned counsel for petitioner submitted that the issue in this writ petition stands covered by a judgment of this Court in W.P.No.14520 of 2026 dated 15.04.2026, and would request that a similar order may be passed in this writ petition. The relevant portions of the order reads as under: "The present writ petition is filed challenging the communication dated 30.03.2026 intimating the petitioner regarding personal hearing fixed on 13.04.2026, pursuant to the show cause notice dated 25.03.2026 issued in terms of Regulation 17(1) of Customs Broker Licensing Regulation (CBLR), 2018.
2. Petitioner is aggrieved by the above communication inasmuch as it is contrary to Regulation 17(1) of CBLR. 2018 as well as the show cause notice. Learned counsel for petitioner would submit that the show cause notice permits the petitioner to file their objections within a period of 30 days from the date of
receipt of said notice, however, the impugned communication dated 30.03.2026 intimates petitioner of a personal hearing which is scheduled on 15.04.2026 and also states that the petitioner is required to appear for personal hearing with necessary documents, failing which the case will be decided ex-parte.
3. It is case of the petitioner that they are statutorily granted a period of 30 days to respond to the show cause notice as stipulated in Regulation 17(1) of CBLR, 2018, thus any further order can be passed only after the expiry of the said period. Learned counsel for petitioner would submit that the impugned communication which proposes to pass order ex-parte even before the expiry of the 30 days period is contrary to the mandate contained in Regulation 17(1) of CBLR, 2018.
4. Learned counsel for respondents would submit that petitioner shall appear for personal hearing on 06.05.2026 at 11.00 a.m. and that petitioner may submit their response to the show cause notice within the period stipulated in the show cause notice.
5. In view thereof, the writ petition stands disposed of with the following directions:
i) The petitioner shall appear for personal hearing before the respondents on 06.05.2026 at 11.00 a.m.
ii) It is open to the petitioner to submit their response to the show cause notice within the period stipulated in the show cause notice.
iii) It is made clear that this order shall be treated as intimation of personal hearing and the petitioner shall not wait for any further intimation.
5.1. The above directions are being issued to avoid any
uncertainty. No costs. Consequently, the connected miscellaneous petitions are closed."
3. In view thereof, this writ petition stands disposed of with the following directions:
i) Petitioner shall appear for personal hearing before the respondents on 27.05.2026 at 11.00 a.m.
ii) It is open to the petitioner to submit their response to the show cause notice within the period stipulated in the show cause notice. iii) It is made clear that this order shall be treated as intimation of personal hearing and petitioner shall not wait for any further intimation from the respondents.
3.1. The above directions are being issued to avoid any uncertainty. No costs. Consequently, the connected miscellaneous petitions are closed. 29-04-2026 Index: Yes/No Speaking/Non-speaking order MKA
To:
1. The Commissioner of Customs (General) Chennai Customs Zone, 60, Rajaji Salai, Custom House, Chennai - 600 001.
2. The Deputy/Asst.Commissioner of Customs (Preventive)/Inquiry Officer, Preventive Commissionerate, No.60, Rajaji Salai, Customs House, Chennai - 600 001.
MOHAMMED SHAFFIQ J.
MKA 29-04-2026