INDEPENDENCE TRANSPORT SHIPPING AGENCY Vs. COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) This matter has come up for reconsideration after it was disposed of on 20th April, 1993 in favour of the writ petitioners. On 20th April, 1993 the order had been passed in the absence of the respondents. The respondents then made an application for recalling the order which was allowed. I have now heard the submissions of the parties afresh.

(2.) The question in issue before this Court is whether the persons who have been granted a licence under the Customs House Agents Licensing Regulations, 1965 could be called upon to apply anew for a fresh licence under the Customs House Agents Licensing Regulations, 1984.

(3.) The facts of this case briefly are that the petitioner-firm was originally constituted by one K.C. Mullick and P.N. Mullick. Both K.C. Mullick and P.N. Mullick were licensed to carry on business as Customs House Clearing Agents. Kishore Mullick being petitioner No. 2 was inducted into the firm. In 1979 an 'A' Class licence was granted to Kishore Mullick a copy of which has been annexed to the petition. The licence was renewed from time to time. The licence, granted to the firm under the 1965 Regulations, originally showed K.C. Mullick and P.N. Mullick as the persons authorised to transact business as Customs House Clearing Agents on behalf of the firm. K.C. Mullick died in 1989. His name was deleted from the licence and the licence was renewed showing P.N. Mullick as the only authorised person to transact business on behalf of the firm. In the meantime, reconstitution of the firm was intimated to the Customs Authorities. Such reconstitution was approved on 20th July, 1989 and the firm was allowed to carry on business with the surviving partners. After Kishore Mullick obtained the licence in his favour, an application was made before the Customs Authorities to incorporate the name of Kishore Mullick along with P.N. Mullick as the persons authorised to transact business on behalf of the firm as Customs House Clearing Agents. This application was not allowed by the Customs Authorities and hence, this writ application.