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2019 (8) TMI 595 - HC - GSTValidity of Section 129 of the Central Goods and Services Tax Act, 2017 - Release of goods on the basis of Bank Guarantee - Section 129 of the CGST Act - restraint on encashment of the Bank Guarantee - HELD THAT:- The interim relief sought for in the writ petition is to restrain encashment of the Bank Guarantee. If it is granted, it will amount to an order in anticipation that the adjudication will culminate in imposition of penalty. If such an anticipatory restrainment is put on the respondents, as observed by the learned Single Judge, that will be in a manner defeating the interest of the respondents who ordered release of the goods by securing the probable amount which may be due after the adjudication, in accordance with the provisions contained in Section 129 of the Act - there is no illegality, error or impropriety in the judgment of the learned Single Judge. The interest of justice on equitable basis can be achieved by issuing a direction to the respondents not to encash the Bank Guarantee furnished by the appellant, if ultimately the adjudication goes against them and if penalty is imposed in such proceedings, until the expiry of 14 days from the date of service of order on such adjudication.
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