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2013 Supreme(Raj) 2187

DINESH MAHESHWARI, NARENDRA KUMAR JAIN II
Pinkcity Logistics Ltd. – Appellant
Versus
Commissioner of Customs – Respondent


JUDGMENT

1. - Preliminary : These three writ petitions, filed on similar nature grievance of the respective petitioners and founded essentially on similar grounds, have been considered together; and are taken up for disposal by this common order.

2. Put in a nut-shell, the basic common features in these petitions are that the writ-petitioners, or the firm/company represented by them, who had been granted license to function as Customs House Agent [‘CHA’], have been prohibited from functioning as such, by way of similar nature orders of prohibition, issued under Regulation 21 of the Customs House Agents Licensing Regulations, 2004 [‘the Regulations’/’the Regulations of 2004’], which have been framed under Section 146(2) of the Customs Act, 1962 [‘the Act’/’the Act of 1962’]. The petitioners submit that such prohibitory orders, which entail civil and evil consequences, have been passed in utter disregard to the principles of natural justice. Though the said Regulation 21 has also been questioned in these petitions as ultra vires but, for the Union of India having not been joined as party, the learned counsel appearing for the petitioners in CWP Nos. 7266/2013 and 7896/2013 did not pre




























































































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