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High CourtsDivision Bench(2020) 02 DEL CK 0369

Vijendra Singh vs Commissioner Of Customs (Airport & General)

Delhi High Court · Decided on 27 February 2020

HON’BLE JUDGES
Dhirubhai Naranbhai Patel, CJ · C. Hari Shankar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 2196 Of 2020, Civil Miscellaneous No. 7705 Of 2020

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Judgment

20 paragraphs · 326 words

D.N. Patel, CJ

W.P.(C) 2196/2020

1.

This writ petition has been preferred with the following prayers:

“a) issue a writ of Certiorari and/ or any other appropriate writ, order and/or direction in the nature thereof thereby quashing the order

of the respondent department, forfeiting petitioner's Bank guarantee no.4209ILG000719 OF RS.75,000/-, pursuant to Order-in-Original

NO.98/ MK/POLICY/ 2019 Dated 13.09.2019 and, consequently, seeking issuance of writ of Mandamus, directing the respondent to allow

the petitioner to work under his Customs Broker license no. R-29/DEL/CUS/2009; and/ or

b) any other order, as may be deemed fit and proper under the facts and circumstances of the case may also be passed in the matter.â€​

2.

It appears that by way of the present writ petition, the petitioner is seeking stay against the forfeiture of bank guarantee worth Rs. 75,000/- as well

as praying for issuance of writ of mandamus, directing the respondent to allow him to work under his Customs Broker’s licence no. R-

29/DEL/CUS/2009.

3.

Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that against the Order-in-Original

dated 13th September, 2019 passed by the respondent (Annexure A to the memo of this writ petition), an appeal has already been preferred by the

petitioner before the CESTAT, New Delhi.

4.

Since, the petitioner has already preferred an appeal before the CESTAT, New Delhi, wherein stay application can be preferred by the petitioner,

we therefore direct that as and when such stay application is preferred by the petitioner before the CESTAT, the CESTAT will decide the same, in

accordance with law, rules, regulations and the Government policy applicable to the facts of the present case.

5.

In view of these observations, we see no reason to entertain this writ petition and the same is hereby disposed of.

CM APPL. No. 7705/2020

1.

In view of the order passed in the writ petition, this civil miscellaneous application is disposed of.