(A.M. Khanwilkar, Dinesh Maheshwari and Krishna Murari, JJ.)
H.B. Cargo Services ________________________________ Appellant;
v.
Commissioner of Customs ___________________________ Respondent.
Civil Appeal No(s). 6173 of 2012, decided on March 25, 2021
The Order of the court was delivered by
Order
1. At the outset, Mr. S.V. Raju, learned Additional Solicitor General appearing for the Department, in all fairness, stated that the issues raised in this appeal at the instance of the appellant need not detain the Court. For, this appeal pertains to the Custom House Agent License (for short, ‘the CHA License’) issued in the year 2002, which would have any way expired by efflux of time in June, 2007. He submits that the challenge in the present appeal has become academic. More so, it is open to the appellant to approach the Competent Authority for grant of fresh CHA License, which application can be considered by the Competent Authority on its own merits uninfluenced by the revocation order concerning the previous CHA License.
2. In light of aforesaid submission, we dispose of this appeal with liberty to the appellant to make a fresh application for grant of CHA License, which be considered by the Competent Authority in accordance with law.
3. In the event, the application for grant of fresh CHA License is rejected, it will be open to the appellant to take recourse to statutory remedy of appeal provided for in Regulation 9(4) of the Custom House Agent Licensing Regulations, 2004.
4. The appeal and pending application(s), if any, are disposed of in the above terms.
Civil Appeal No(s). 6173/2012
H.B. Cargo Services _________________________________ Appellant
v.
Commissioner of Customs ___________________________ Respondent
Date : 25-03-2021 This appeal was called on for hearing today.
(Before A.M. Khanwilkar, Dinesh Maheshwari and Krishna Murari, JJ.)
For Appellant(s) Mr. P. Vinay Kumar, AOR
For Respondent(s) Mr. Suryaprakash V. Raju, ASG
Mr. Arijit Prasad, Sr. Adv.
Ms. Sairica Raju, Adv.
Mr. P.V. Yogeswaran, Adv.
Mr. Abhishek Kumar, Adv.
Mr. Annam Venkatesh, Adv.
Mr. M.K. Maroria, AOR
Mr. Arvind Kumar Sharma, AOR
UPON hearing the counsel the Court made the following
ORDER
5. The appeal and pending application(s), if any, are disposed of terms of the signed order.
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