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Judgment
Appeal is filed by CHA-appellant against order dated 16.7.2010 in terms of which the CHA license was suspended by the Commissioner.
When the case is called today, there is no representation. We also notice that CESTAT vide Stay Order No. C/15/2011 dated 10.1.2011 passed the
following order:
The present stay application stands filed by the applicant against the order of Commissioner of Customs vide which he has suspended the
applicant's CHA license with immediate effect.
Learned Advocate for the applicant fairly agreed that the order was passed by the Commissioner of Customs without granting them any
personal hearing. Subsequently, a hearing was granted and another order confirming suspension was passed. As such, present impugned
order of Commissioner virtually stands confirmed by the second order passed by him in accordance with the principles of natural justice. As
such, the staying the operation of the present order does no arise as the same would not result in any benefit to the appellant.
We are informed by the learned Advocate that the second order already stands appealed along with filing of the stay petition. We are
also informed by the learned Advocate that early hearing application stands filed in respect of the second appeal which the registry would
list it in due course. The stay petition in that case would be heard in the normal course. As such the present stay petition has become
infructuous. We order accordingly.
In view of the observations in the above-quoted para 3 of CESTAT order dated 10.1.2011 the present appeal has become infructuous and therefore
and also having regard to the fact that there is no representation on behalf of the appellant, the appeal is dismissed