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Calcutta High Court

Banerjee Shipping Agency & Anr vs Union Of India & Ors on 27 October, 2008

Author: Dipankar Datta

Bench: Dipankar Datta

ORDER SHEET
                   IN THE HIGH COURT AT CALCUTTA
                 CONSTITUTIONAL WRIT JURISDICTION
                           ORIGINAL SIDE

                       T. No. 131 of 2008
                      W. P. No.    of 2008

                           Banerjee Shipping Agency & Anr.
                                       Versus
                               Union of India & Ors.

                                      Mr. R. K. Chowdhury, Adv.
                                          . for the petitioners
                                          Mr. K. K. Maiti, Adv.
                                          . for the respondents

BEFORE : The Hon'ble JUSTICE Dipankar Datta VACATION BENCH ___________________________________________________________ Date: 27.10.2008 ___________________________________________________________ Having heard learned Advocates for the parties and considering the provisions contained in Regulations 20 and 22 of the Customs House Agents Licensing Regulations, 2004, this Court is, prima facie, satisfied that the petitioner is entitled to ad interim injunction.

Regulation 22 of the aforesaid Regulations makes it clear that the procedure for suspending the licence under Regulation 20 would include the issuance of notice to show cause which admittedly has not been issued in the present case.

2

The further operation of the impugned order of suspension shall remain stayed till 14th November, 2008 or until further orders, whichever is earlier.

List this writ petition for further consideration as `Court Application' before the regular Bench on 5th November, 2008.

All parties are to act on a xerox signed copy of this order on the usual undertakings.

( Dipankar Datta, J. ) AKGoswami