M/S.Rsm Clearing Services Pvt. v. The Commissioner Of Customs

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.11.2015

CORAM:

THE HON'BLE MR. JUSTICE R.MAHADEVAN W.P.No.36993 of 2015 and M.P.Nos.1 & 2 of 2015 M/s.RSM Clearing Services Pvt. Ltd.

Rep by its Director M.Ruben No.72 MNJ Complex First Floor Portion F 10-A Moore Street Chennai 1 [ Petitioner ] Vs 1 The Commissioner of Customs SEAPORT-IMPORT Customs House No.60 Rajaji Salai Chennai 1 2 The Additional Commissioner of Customs Sea Port Docks Intelligence Unit No.60 Rajaji Street Chennai 1 [Respondents] Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certirorari to call for the records relating to the impugned orders of the 1st respondent in F. No. R-197/2011-CHA and ORDER IN ORIGINAL No. 35112/2015 dt 12.2.2015 revoking the Customs House Agent license of the petitioner and for forfeiture of full amount of security deposit and the subsequent corrigendum issued by the 1st respondent vide F. No. R-197/2011-CHA dt 22.4.2015 quash the same.

For petitioner :Mr.Isaac Mohanlal For respondents:Mr.T.Chandrasekaran

O R D E R

These writ petitions have been filed challenging the order of the 1st respondent in F. No. R-197/2011-CHA and ORDER IN ORIGINAL No. 35112/2015 dated 12.2.2015 revoking the Customs House Agent license of the petitioner and for forfeiture of full amount of security deposit and the subsequent corrigendum issued by the 1st respondent vide F. No. R-197/2011-CHA dated 22.4.2015.

https://hcservices.ecourts.gov.in/hcservices/

2. When the matter is taken up for hearing, the learned counsel for the petitioner submitted that the petitioner is willing to file an appeal before the appellate authority as against the order of the 1st respondent, however, he submitted that sufficient time may be granted to to the petitioner.

3. In view of the same, this writ petition is disposed of by granting two weeks' time to the petitioner to file an appeal before the appellate authority as against the impugned orders in question. On such filing, the same shall entertained by the appellate authority and orders passed on merits and in accordance with law, without raising any issue with regard to limitation. No costs. Connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rg To 1 The Commissioner of Customs SEAPORT-IMPORT Customs House No.60 Rajaji Salai Chennai 1 2 The Additional Commissioner of Customs Sea Port Docks Intelligence Unit No.60 Rajaji Street Chennai 1 +1cc to Mr.T. Chandrasekaran, Advocate, S.R.No.62941 +1cc to M/s. Isaac Mohanlal, Advocate, S.R.No.62851 GJ(CO) EU(30/11/2015) W.P.No.36993 of 2015 https://hcservices.ecourts.gov.in/hcservices/