Karnataka High Court
M/S Budget Courier Pvt Ltd vs The Principal Commissioner Of Customs on 14 November, 2017
Author: Vineet Kothari
Bench: Vineet Kothari
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 14th DAY OF NOVEMBER 2017
BEFORE
THE HON'BLE Dr. JUSTICE VINEET KOTHARI
WRIT PETITION No.15115/2016 (T-TAR)
BETWEEN:
M/s Budget Courier Pvt. Ltd,
Budget House, No. 521,
F Block, 60 feet, Main Road,
Kodigehalli, Sahakarnagar,
Bengaluru - 560 092.
Represented by it's Director,
By Name: Satdev Kataria.
...PETITIONER
(By Sri. Chaluvaraju B.C., Adv.)
AND:
The Principal Commissioner of Customs,
Air Customs Commissionerate,
P.B. No. 5400, C.R. Building,
Queens Road, Bengaluru - 560 001.
...RESPONDENT
(By Sri. C.V. Prahalad Rao, Adv. for Sri. Y. Hariprasad, Adv.)
This WP is filed under article 226 of the Constitution of
India praying to set aside or quash the impugned suspension
order dated 19.01.2016 passed by the Commissioner Customs
Bengaluru at Annex-B and etc.
This W.P. coming on for orders this day, the Court made
the following:-
Date of Order 14-11-2017 in W.P.No.15115/2016
M/s Budget Courier Pvt. Ltd., Vs.
The Principal Commissioner of Customs
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ORDER
Mr. Chaluvaraju B.C., Adv. for Petitioner Mr. C.V. Prahalad Rao, Adv. for Mr. Y. Hariprasad, Adv. for respondent.
1. The present Writ Petition has been filed on 17.3.2016 with the following prayers:
(a) Issue a Writ of Certiorari or any other appropriate writ or set aside or quashing the impugned suspension order dated 19.01.2016 passed by the Commissioner Customs Bengaluru as per Annexure-B;
(b) award cost in favour of the petitioner;
(c) Issue writ or order or direction of appropriate nature granting such other relief/s that this Hon'ble Court deems fit in the facts and circumstances of the case including the cost of the proceedings.
2. During the course of the present writ petition, the respondent - Commissioner of Customs has passed an order against the present petitioner, M/s Budget Courier Private Date of Order 14-11-2017 in W.P.No.15115/2016 M/s Budget Courier Pvt. Ltd., Vs. The Principal Commissioner of Customs 3/4 Limited upholding the order passed by the original adjudicating authority dated 19.1.2016 and the registration of the present petitioner has been revoked in terms of Courier Imports and Exports (Clearance) Regulations, 1998 and other relevant Regulations.
2. Section 129A of the Customs Act, 1962 (hereinafter referred to as the 'Act' for the sake of brevity) provides for an appeal before the Appellate Authority against any decision or order passed by the Commissioner of Customs as an adjudicating authority or even an order passed by the Commissioner of Appeals under Section 129A of the Act.
Thus, the petitioner has alternative remedy against the said order passed by the Commissioner of Customs on 2.11.2017, a copy of which has been placed on record of the Court today and has also been supplied to the learned Counsel for the petitioner.
Date of Order 14-11-2017 in W.P.No.15115/2016 M/s Budget Courier Pvt. Ltd., Vs. The Principal Commissioner of Customs 4/4
3. This Court is of the opinion that the petitioner should avail such alternative remedy in accordance with Section 129A of the Act.
The Writ Petition is, therefore, disposed of at this stage with a liberty and direction to the petitioner to avail such alternative remedy before the Appellate Tribunal in accordance with law. No costs.
Sd/-
JUDGE nv