CARGO CLEAR INTERNATIONAL Vs. COMMISSIONER OF CUSTOMS, COCHIN

JUDGEMENT

(1.) THIS appeal has been filed against Order dated 2 -4 -2007 passed by the Commissioner of Customs, Cochin.

(2.) THE appellants are M/s. Cargo Clear International, Willingdon Island, Cochin. They were granted a temporary Custom House Agents Licence on 10 -6 -2003 for a period of one year under the erstwhile CHALR, 1984 on the condition that the Authorized Signatory Smt. Jayapathi Shyamalangan should pass the Regulation 9 Examination (Both written and oral). The licence was extended for two years up to 22 -2 -2006 in terms of the new Regulation 8(5) of the CHALR, 2004. On expiry of the extended period, the authorized signatory approached the Honble High Court of Kerala and obtained an interim order for continuation of their licence till the next examination under Regulation 8 of CHALR is conducted and results published. The examination was conducted on 7 -8 -2006 and authorized signatory failed to qualify the exam. The Honble High Court on the disposal of the Writ Petition filed by CHA permitted them to continue as temporary CHA and allowed the authorized signatory to once again appear for new examination conducted on 29 -12 -2006. But the authorized signatory failed to appear for the written examination conducted on 29 -12 -2006. Accordingly, in compliance with the Honble High Courts order and as per Regulation 8(5) of the CHALR, 2004 wherein it is mandatory for a temporary licence holder to pass the said examination within two years, the said temporary CHA licence was withdrawn on 15 -2 -2007. But another Writ Petition W.P. 8834 of 2007 was filed by Smt. Ceelia Antony, Managing Partner before the Honble High Court and the High Court while disposing of the Wirt Petition passed the following order If the petitioner makes appropriate application before the first respondent showing a competent person, who can be appointed in terms of law and if the concurrence of such person is also disclosed before the Commissioner in accordance with law, such request shall be considered and the first respondent will pass appropriate orders at the earliest in accordance with law. M/s. Cargo Clear International in their letter dated 19 -3 -2007 submitted an application requesting for a permanent licence. In their letter, they said that they are appointing Smt. Sreekala A. V. as Manager and she has passed the Regulation 9 Examination. A personal hearing was granted. After granting the person hearing, the Commissioner passed the impugned order. The Commissioner had stated that the temporary licence was withdrawn on 15 -2 -2007 and Smt. Sreekala A.V was appointed on 19 -2 -2007 after the withdrawal of the temporary licence. He had also held that sufficient time and opportunity were available to the firm to comply with the provisions of CHALR, 2004. Three years and eight months to be exact.

(3.) IN view of the above, the Commissioner rejected their request for issue of a permanent licence. He had also held that there is no Rule in the CHALR, 2004 permitting the appointment of a person after the withdrawal of the temporary CHA licence. The appellants are highly aggrieved over the impugned order. Hence, they have come before us for relief.