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2008 (12) TMI 319 - HC - Central ExciseViolation of CBEC circular - The petitioner challenges the invocation of its Bank Guarantee during the pendency of the stay petition - Under Circular No. 396/29/98-CX., dated 2-6-1998, the Central Board directed that no coercive action should be taken to realize the dues till the disposal of the stay application – Impugned action bereft of authority of law - The present case, turns upon the violation of the binding norms of conduct prescribed under the circulars of the Central Board, by the Customs authorities which resulted in the infringement of the legal right of the petitioner to be treated in accordance with such circulars. – Uncaring violation of binding norms mandates invocation of writ jurisdiction - petitioner is entitled to refund – fresh bank guarantee to be executed
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