TMI Blog2013 (10) TMI 499X X X X Extracts X X X X X X X X Extracts X X X X ..... nue is directed to refund the amount to bank - bank would issue bank guarantees in favour of the revenue so as to maintain the status quo ante as existing prior to encashment of the bank guarantee – Decided in favour of Petitioner. - Writ Petition (L) No. 2510 of 2013 - - - Dated:- 3-10-2013 - Mohit S Shah And M S Sanklecha, JJ. For the Appellant : Mr. Jitendra Motwani For the Responden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal with the Customs Excise and and Service Tax Tribunal (in short Tribunal ) and that the appeal has been filed. 3. However, even before the expiry of the aforesaid period of three months, the respondent-revenue have encashed the bank guarantees of Rs.19,30,625 and Rs. 75,00,000/- aggregating to Rs.94,30,625/- issued by respondent No.4Bank. 4. Petitioner is aggrieved by the aforesaid actio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dent-revenue returning the amount of Rs.94,30,625/- to the bank i.e. respondent No.4. 6. Learned Counsel for the respondent-revenue is not in a position to dispute the legal position as canvassed on behalf of the petitioner. 7. In the result, we allow this petition. The action of the respondent-revenue in encashing the bank guarantees of Rs.19,30,625/- and Rs.75,00,000/- aggregating to Rs.94,3 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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