CONFEDERATION OVERSEAS CLEARING Vs. COMMISSIONER OF CUS (ADMN )

JUDGEMENT

(1.) Learned advocate appearing on behalf of the customs authorities submits that she would like to use affidavit in this matter and prays for time till 21st January, 2008. At this stage, there is no material before me as to why the petitioner's licence was extended for six months only and not for further period, which it is submitted by Mr. Mehta appearing for the petitioner ought to be for a period of 10 years. No material has also been produced before me which would render the petitioner ineligible for such licence. Under these circumstances, I am of the opinion that the petitioner is entitled to interim protection since his licence is expiring on 13th December, 2007. I accordingly direct, as an interim measure, the customs authorities to extend the licence of the petitioner for a further period of three months at least on making of proper application and on payment of the schedule charges.

(2.) Let affidavit-in-opposition be filed by 21st January, 2008, affidavit-in-reply thereto, if any, be filed by 31st January, 2008 and the matter will appear in the Monthly List of February, 2008.

(3.) Pendency of these proceedings shall not prevent the customs authorities for considering the renewal of the petitioner's licence for a longer period.