NITCO ROADWAYS PVT LTD Vs. UNION OF INDIA
LAWS(CAL)-2010-8-209
HIGH COURT OF CALCUTTA
Decided on August 06,2010

Nitco Roadways Pvt Ltd Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) The Court : In this application, being G.A. No. 2321 of 2010 filed in connection with WP No. 87 of 2010, the petitioner has prayed for a direction on the Commissioner of Customs (Airport and Administration ), Kolkata, the respondent No. 2, to cancel the order of suspension dated 13th January, 2010 and to allow him to carry on business as Customs House Agent in terms of the licence, having No. R-011/89, under the Kolkata Customs Commissionerate, granted under the Customs House Agents Licensing Regulations, 2004 .
(2.) The writ petition was moved on 11th February, 2010, when directions were issued for filing affidavits. The respondents were directed to issue show cause notice by 25th February, 2010 and the petitioner was directed to furnish reply. Directions were issued on the authorities to make an endeavour to conclude the proceedings preferably within 60 days. It was specifically recorded that the directions issued were peremptory.
(3.) It is submitted by the learned advocate for the applicant that though reply to the show cause notice was submitted within time, till date proceedings have not been concluded, as a result, the petitioner is suffering the order of suspension. Submission is that on 30th June, 2010, the respondent No. 2, has issued a notice modifying the show cause notice dated 24th February, 2010 indicating that the petitioner is answerable to the Commissioner of Customs, New Delhi, and explanation should be submitted to the Enquiry Officer nominated by the Commissioner of Customs, New Delhi.;


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