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2022 (8) TMI 1122 - HC - CustomsRefund claim - monies obtained by the respondents/revenue, against the encashment of three bank guarantees furnished by the petitioner - HELD THAT:- Admittedly, the bank guarantees were invoked on 04.12.2020. The amount against the said bank guarantees was received by the respondents/revenue via a demand draft dated 29.12.2020. Given the fact that there is a stay on the demand raised by the respondents/revenue, as also the undisputed fact which has emerged, that the provisional release of goods was not, ultimately, taken recourse to by the petitioner, to our minds, the aforementioned bank guarantees could not have been encashed - having regard to the state of affairs, it is clear that the respondents/revenue will have to remit the amount to the petitioner, as reflected in the aforementioned bank guarantees. The respondents/revenue, concededly, can recover the demand raised, only if the petitioner were to ultimately fail in the appeal or in any other proceedings taken out thereafter, before a superior forum - the instant writ petition is disposed of, with the direction that the impugned order dated 16.07.2021 shall stand quashed.
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