1 wp-8833-2850 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.8833 of 2010 M/s.DHL Lemuir Logistics Private Limited. .. Petitioner v/s. Union of India & anr. .. .. Respondents AND Writ Petition No.2850 of 2011 M/s.DHL Lemuir Logistics Private Limited. .. Petitioner v/s. Union of India & anr. .. .. Respondents Mr.J.J. Bhatt, Senior Advocate with Mr.Prakash Shah i/by PDS Legal for Petitioner. Mr.Pradeep S. Jetley for Respondents. ----- CORAM : J.P. DEVADHAR & SMT.ROSHAN DALVI, JJ. DATED : 8th April, 2011 P.C. : 1.Writ Petition No.8833 of 2010 was filed to challenge the order dated 22nd October 2010, whereby the Commissioner of Customs, Mumbai, in exercise of the powers vested in him under Regulation 21 of the Customs 2 wp-8833-2850 House Agents Licensing Regulations 2004 (Regulations 2004) had prohibited the Petitioner from transacting any CHA related business in Mumbai Customs Zones I, II and III with immediate effect from that day on account of the alleged failure on the part of the Petitioner in discharging the obligations as a Customs House Agent in Mumbai under Regulations 13(d), 13(e), 13(n) and 19(8) of the Regulations 2004. 2.Based on the said order dated 22nd October 2010, the Commissioner of Customs, Bangalore, by his order dated 26th October 2010, suspended the CHA licence granted to the Petitioner by invoking Regulation 20(2) of the Regulations 2004. Challenging the said order, the Petitioner filed an Appeal before the CESTAT, Bangalore. 3.When Writ Petition No.8833 of 2010 was moved for admission, this Court, by an order dated 29th October 2010, stayed the prohibitory order passed by the Commissioner of Customs, Mumbai on 22nd October 2010. Thereafter in view of the fact that the suspension order passed by the Commissioner of Customs, Bangalore, was stayed by the CESTAT, Bangalore, this Court continued the ad-interim relief granted on 29th October 2010 till the disposal of the Appeal by the CESTAT, Bangalore. 3 wp-8833-2850 4.On 14th March 2011, the CESTAT, Bangalore, dismissed the Appeal filed by the Petitioner and directed the Commissioner of Customs, Bangalore, to hear the matter within a period of ten days from the date of the order and pass order under Regulation 20(3) of the Regulations 2004 within a week thereafter. It is the contention of the Respondents that the copy of the order dated 14th March 2011 was served upon the officers at Bangalore on 5th April 2011 and accordingly, by a letter dated 6th of April 2011, the Commissioner of Customs, Bangalore, has fixed the hearing on 13th April 2011. 5.Mr.Jetley, learned Counsel for the Revenue, on instructions, states that the Petitioner will be permitted to carry on business till the Commissioner of Customs, Bangalore, decides the matter and if the order is adverse to the Petitioner, the Petitioner will be permitted to carry on business for a further period of ten days from the date of the communication of the said order. Statement is accepted. 6.Since the observations made in the order of CESTAT are prima facie observations, the Commissioner of Customs, Bangalore shall decide the matter on its own merits based on the material which is available to him after 4 wp-8833-2850 furnishing a copy to the Petitioner and uninfluenced by the order passed by the CESTAT. 7.All contentions of the parties are kept open. 8.Both the Petitions are disposed of accordingly. (SMT.ROSHAN DALVI, J.) (J.P. DEVADHAR, J.)