Back
APPELLATE SIDE,BOMBAY
G. S. Kulkarni, Jitendra Jain, JJ
M/s. J. M. Baxi Ports & Logistics Private Limited – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge of the administrative suspension order. (Para 1 , 2) |
| 2. acknowledgment of the order's appealable nature. (Para 3 , 4) |
| 3. balancing potential prejudice against administrative actions. (Para 5 , 6) |
| 4. disposition of the writ petition and stay order. (Para 7) |
1. This Petition under Article 226 of the Constitution challenges an order dated 20 October 2023 passed by the Commissioner of Customs (General), whereby exercising powers under the Handling of Cargo in Customs Areas Regulations 2009 (for short ‘HCCAR 2009’) inter alia the petitioner’s license as a Customs Cargo Service Provider has been suspended for the period of 1st November 2023 to 15th November 2023. By the said order, sum of Rs.3,24,03,300/- is directed to be deposited by the petitioner against as a value of the pilfered/stolen goods as per under Regulation 5 of HCCAR 2009 and further a penalty is imposed under Regulation 12 (8) of HCCAR and Rs.5,00,000/- under Section 117 of the Customs Act .
2. The petitioner being aggrieved by the impugned order contended that it is a handling large number of containers which would be arriving at the port everyday. The petitioner also contended that aroun
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
