SETWIN SHIPPING AGENCY Vs. COMMISSIONER OF CUSTOMS (SEA

JUDGEMENT

(1.) THIS appeal arises from order of Suspension dt. 16.9.2003 passed by the Commissioner of Customs (Seaport), Chennai suspending the licence of the CHA under the Regulation 21 (2) of CHALR, 1984. The suspension referred to is based on the suspension made by the Commissioner of Customs, ACC, Mumbai suspending the CHA licence bearing No. 11/1099 by Order No. 23/2003 dt. 26:8.2003 which was based on a letter dt. 8.7.2003 from the Joint Commissioner of Customs, ACC, Mumbai. It is the contention of the appellants that the order of the suspension was on the basis of the letter received from the Joint Commissioner of Customs, ACC, Mumbai which was appealed before the Western Bench of CESTAT, Mumbai. The Western Bench vide Final Order No. CI/2797/WZB /2003 dated 14.11.2003 had set aside the order of the suspension. Therefore, it is pleaded the basis of the present order, having been set aside therefore the present order is not sustainable in law. It is pointed out that on this ground alone the stay of the operation was granted and directed the appeal be heard out of turn,

(2.) HEARD both sides. On a careful consideration of the submissions made by both sides and on perusal of the records, we notice that the impugned order of suspension is on the basis of the letter issued by the ACC, Mumbai. The appellants had agitated the matter before the WRB, Mumbai and the WRB, Mumbai set aside the suspension by Final Order No. CI/2797/WZB/2003 DT. 14.11.2003. As the basis for the present suspension order has been set aside, therefore the present order of suspension of the licence does not stand on its leg. The prayer of the appellants to set aside the order of suspension is accepted. We further notice from the report filed by Ld. JDR today that the Commissioner has accepted the stay order passed in the matter and has already allowed the CHA to function. We have perused the para -wise comments in the matter. We notice that there is no ground to sustain the suspension order as the very basis of the suspension order has been set aside by a co -ordinate Bench. In that view of the matter, the impugned order is set aside and the appeal is allowed.