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2016 (11) TMI 1081 - MADRAS HIGH COURT

2016 (11) TMI 1081 - MADRAS HIGH COURT - TMI - Release of bank guarantee - Held that: - the Bank Guarantee has worked itself out and after 16.1.2015, the Bank Guarantee has not been renewed as it has expired and it is a lapsed document. Nevertheless, unless and until the second respondent, issues necessary communication to the fourth respondent, the Bank Guarantee will not be released. In other words, the petitioner would not be in a position to deal with the Securities, which he has placed at t .....

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the Department. The adjudication of the show cause notice has taken almost three years and the order-in-original was passed on 16.12.2015. Thus, the petitioner s case is that the goods cannot be marketed and have to be destroyed and in fact their latest representation to the second respondent on 25.1.2016, was for destruction of goods lying in the Godown - considering the peculiar facts and circumstances of the case and taking note of the fact that already the adjudication proceedings has been c .....

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adjudicate the matter, this court is of the view that the CESTAT may consider the petitioner s application for interim relief as expeditiously as possible, preferably, within a period of six weeks - petition disposed off. - W.P.No.31734 of 2016 & W.M.P.Nos27547 & 27548 of 2016 - Dated:- 26-10-2016 - T. S. Sivagnanam, J. For the Petitioner : Mr.K.Radhakrishnan,Sr.Counsel for M/s Sushma Suri For the Respondents : Mrs.R.Hemalatha-R2 Sr.Panel Counsel Mr.V.Sundareswaran ORDER Heard Mr.K.Radhakrishna .....

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g of three Directors and one of its Director was appointed as the Authorized representative so as to prosecute these proceedings. The petitioner is stated to be engaged in the business of timeshare vacation in tie-up with RCI-In International Company dealing with exchange holidays and sale of discount cards in tie-up with various restaurants, shopping companies, etc. It appears that the petitioner came to know about certain products sold by the other National and International Companies and as t .....

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lanced for general energy, vitality and wellbeing. The chemical composition of the product has been set out in paragraph 3(v) of the Writ Petition. (ii) The petitioner imported three consignments vide Bills of Entry Nos.5605469 dated 29.12.2011; 5639718 dated 03.01.2012 and 6663354 dated 27.04.2012, which were classified under Custom Tariff Heading 30045020. It is stated that no dispute was raised by the Customs Authorities regarding classification of the imported goods and the customs duty was .....

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igation proceeded in the manner contemplated under the provisions of the Customs Act, resulting in show cause notice being issued. (iii) At that juncture, the petitioner filed a Writ Petition before the High Court of Delhi in W.P.(C) 6660 of 2012, for issuing a direction to the Customs Authorities to exercise their powers under section 110A of the Customs Act, and permit provisional release of goods. The Court while disposing of the Writ Petition, by an order dated 13.12.2012, noted that out of .....

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ther or not clearance ought to be made qua the consignment covered under Bill of Entry No.3431758 dated 06.05.2011 and thereafter pass an appropriate order, as deemed fit, in accordance with the law and the exercise to be conducted as expeditiously as possible, not later than four weeks from the date of order (13.12.2012). (v)The unfortunate situation is that the respondent did not comply with the order, within the time permitted by the High Court of Delhi. Likewise, it appears that the petition .....

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k Guarantee, which was furnished by the petitioner; ii) to direct the respondents 1 to 3 to grant provisional release of the goods covered under the Bill of Entry dated 06.05.2011; and iii) to direct the respondents 1 to 3 to pay godown charges and compensation for the loss suffered by the petitioner due to the alleged inaction of the respondents 1 to 3. 3.The learned Senior counsel appearing for the petitioner, on instructions, would submit that so far as the third relief sought for by the peti .....

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the Order-in-Original having been passed, the Bank Guarantee has worked itself out and after 16.1.2015, the Bank Guarantee has not been renewed as it has expired and it is a lapsed document. Nevertheless, unless and until the second respondent, issues necessary communication to the fourth respondent, the Bank Guarantee will not be released. In other words, the petitioner would not be in a position to deal with the Securities, which he has placed at the disposal of the fourth respondent Bank to e .....

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mated to cancel the Bank Guarantee. 6. This statement is taken on record and accordingly, there will be a direction to the petitioner to approach the second respondent along with copies of this order and make a request for cancellation of the Bank Guarantee and for issuance of necessary communications to the fourth respondent Bank and along with the representation, the copy/copies of Bank Guarantee and shall be produced. The second respondent on receipt of the same, within a period of seven days .....

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be exercised pending the order of adjudication, by releasing the same to the owner of the goods and taking a bond from him in an appropriate form with such security and condition as the adjudicating authority may require. 9. In the instant case, the order-in-original having been already passed, as early as on 16.12.2015, at this juncture, the second respondent cannot be directed to exercise power under section 110A of the Act. However, this does not mean that the petitioner is left without any r .....

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have pointed out that section 129B of the Act empowers CEGAT to confirm, modify or annul the decision or order appealed against and it is also open to remit the matter back for fresh adjudication. Further, in terms of Rule 41 of CEGAT (Procedure) Rules, the Tribunal may make such orders or give such directions as may be necessary or expedient to give effect or in relation to its order or to prevent abuse of its process or to secure the ends of justice. It was pointed out that the words secure t .....

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