M/s.All Win Shipping Services vs The Commissioner of Customs (General)

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2026 Supreme(Online)(Mad) 41239

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mohammed Shaffiq, J
M/s.All Win Shipping Services – Appellant
Versus
The Commissioner of Customs (General) – Respondent
W.M.P. Nos.18384 and 18386 of 2026

Important Points

Failure to respect the statutory period for reply before scheduling a personal hearing renders the communication contrary to CBLR 2018.

Subject

Administrative Law - Writ Jurisdiction Restoration

Act Referred

Constitution of India: Art.226
Customs Broker Licensing Regulation: Reg.17(1)

Headnote

Statute Analysis: The judgment centers on Regulation 17(1) of the Customs Broker Licensing Regulation (CBLR), 2018, which confers a statutory right to a 30-day period for filing objections to a show cause notice. Facts of the Case: The petitioner challenges a communication dated 20.04.2026 that schedules a personal hearing before the expiry of the 30-day statutory period to respond to a show cause notice dated 13.04.2026 issued under Regulation 17(1) of CBLR.

Findings of Court:
The Court finds that any order, including fixing a personal hearing, must respect the statutory time frame and that the impugned communication violates the mandate contained in Regulation 17(1) of CBLR, 2018.

Issues: Whether the respondent can schedule a personal hearing before the expiry of the 30 days granted to the petitioner to submit objections to the show cause notice.

Ratio Decidendi: Any communication or order that proposes to pass orders ex-parte before the expiry of the statutory period is contrary to the mandate contained in Regulation 17(1) of CBLR, 2018 and cannot be enforced.

Result: The writ petition is disposed of with the direction that the petitioner shall appear for personal hearing on 27.05.2026 at 11.00 a.m., the petitioner may submit their response to the show cause notice within the period stipulated in the show cause notice, and this order shall be treated as intimation of personal hearing.

Advocates:
For the Appellants/Petitioners: Mr.S.Baskaran
For the Respondents: Mr.S.M.Deenadayalan

Table of Content
1. statutory right to 30-day reply period (Para 1 , 2)
2. violation leads to scheduled new hearing (Para 3)

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.