M/s RASPN Shippin Services Pvt. Ltd Vs Commissioner

Madras High Court 9 Jan 2026 Writ Petition No. 571 Of 2026 (2026) 01 MAD CK 0488
Bench: Single Bench

Judgement Snapshot

Case Number

Writ Petition No. 571 Of 2026

Hon'ble Bench

Abdul Quddhose, J

Advocates

S.Baskaran, K.S.Ramaswamy

Judgement Text

Translate:

Abdul Quddhose, J

1. The petitioner has challenged the impugned order, suspending the petitioner from acting as a Customs Broker for the violations said to have been committed by the petitioner. The petitioner has challenged the impugned suspension order on the ground that since no immediate action was taken by the respondent for suspending the petitioner as a Customs Broker, immediately after the date of the alleged violation said to have been committed by the petitioner in the subject import, the impugned suspension order is bad in law.

2.As seen from the documents filed along with this writ petition, the subject import took place in the year 2023, whereas the impugned suspension order has been issued on 22.12.2025 suspending the petitioner to act as a Customer Broker.

3.Learned counsel for the petitioner drew the attention of this Court to a Circular issued by the Central Board of Excise and Customs dated 08.04.2010 and would point out that as per the said Circular, for suspending any Customs House Agent, the same will have to be done within a period of 30 days from the date when the cause of action arose. Learned counsel for the petitioner also drew the attention of this Court to the Regulations under Customs Brokers Licencing Regulations, 2018 and would submit that as per the said Regulations, immediate action will have to be done for suspending any Customs Broker for violations committed by them under CBLR 2018. Since the same has not been done, leaned counsel for the petitioner submits that the impugned order is bad in law.

4.This Court, after giving due consideration to the documents filed along with this writ petition as well as the submissions made by the learned counsel for the petitioner, is of the considered view that a prima facie case has been made out for the grant of interim stay of the operation of the impugned order dated 22.12.2025. Accordingly, there shall be an order of interim stay of the operation of the impugned order dated 22.12.2025 passed by the respondent.

5.Mr.K.S.Ramaswamy, learned Senior Panel counsel accepts notice on behalf of the respondent. He seeks time to file counter. Post the matter for filing counter on 09.02.2026.

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