Calcutta High Court
M/S Shipping And Clearing (Agents) ... vs Union Of India & Ors on 6 January, 2016
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
OD-11
WP No.1076 of 2015
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
M/S SHIPPING AND CLEARING (AGENTS) PRIVATE LIMITED
Versus
UNION OF INDIA & ORS.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 6th January, 2016.
Appearance:
Mr. Utpal Majumdar, Adv.
Ms. Tapati Chatterjee, Adv.
Mr. S. B. Saraf, Adv.
Mr. K. K. Maiti, Adv.
The Court : The petitioner says that the parent order challenged in the present proceedings is one of May 15, 2015 and the two other orders and a show-cause notice referred to in the petition and challenged in the prayers follow from the order of May 15, 2015.
It, however, appears from the second paragraph of the order dated May 15, 2015 that the same is appellable. The petitioner cannot dispute that whether under the Customs Brokers Licensing Regulations, 2013 or under the Customs House Agents Licensing Regulations, 2004, the order of May 15, 2015 can be carried in appeal under Section 129A of the Customs Act, 1962.2
No real issue of breach of natural justice or jurisdictional error is urged. The petitioner says that the entire order is founded on the statement made by one Buppa Biswas without the petitioner being afforded an opportunity to cross-examine Buppa Biswas. Such allegation does not amount to a breach of the principles of natural justice as it amounts to an irregularity or illegality in the procedure which can be conveniently canvassed in appeal.
WP No.1076 of 2015 is disposed of without going into the merits thereof and by leaving the petitioner free to approach the appellate forum in accordance with law.
There will be no order as to costs.
In the event the appeal is filed within four weeks from date, the appellate authority will sympathetically consider whether the period spent in this Court may be excluded for reckoning the period of limitation.
In the event the appeal is entertained, the same should be disposed of by the end of September, 2016.
Urgent certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) bp.