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
| 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.
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