TMI Blog2022 (12) TMI 455X X X X Extracts X X X X X X X X Extracts X X X X ..... rantee for non-redemption of the EPCG was also stayed by this Court - The representation filed by the Petitioner is still pending and has not been decided. Mr. Rao, ld. Sr. Counsel for the Petitioner submits that thereafter, five more EPCG have been redeemed and there are only 17 which are remaining. In the present writ petition, it is the grievance of the Petitioner that recently, letters have been issued by the Department of Revenue, Office of the Commissioner of Customs- Import, in violation of this Court s orders, invoking the bank guarantee submitted by the Petitioner without considering the Petitioner s representation. Further, it is the case of the petitioner that two weeks advance notice, in terms of the order extracted above, h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 197/2021 titled D M SOUTH INDIA HOSPITALITY PVT. LTD. v. UNION OF INDIA ORS. The said writ petition, relating to almost an identical issue, was disposed of by this Court vide order dated 11th May, 2021 in the following terms:- 1. This hearing has been done through video conferencing. 2. The present petition has been filed by the Petitioner seeking restraint against the invocation/ encashment of the bank guarantee, bearing No. 003GM09140100001, furnished by the Petitioner to the Respondent, in respect of the Export Promotion Capital Goods (hereinafter, EPCG ) authorisation no. 0530161985. The said bank guarantee has been invoked by the Respondent s letter dated 7th April, 2021. 3. The case of the Petitioner is that it had ob ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mits that he had sought instructions in respect of the validity of the license to the Petitioner till 20th December, 2021. After examining the same, the demand draft, which was prepared in favour of the Principal Commissioner of Customs, due to the invocation of the Bank Guarantee, has now been returned to Yes Bank. 6. Accordingly, the amount of the demand draft may be re-deposited by Yes Bank, and the Bank Guarantee shall be re-issued in favour of Respondent Nos.1 2, for a validity period of at least two years, on the same terms and conditions on which it was issued before. This would satisfy the prayers (a) and (b) of the petition. 7. The other prayers in this petition are for granting an extension of the said EPCG authori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... along with pending applications, is disposed of. 12. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as the certified copy of the order for the purpose of ensuring compliance. No physical copy of orders shall be insisted by any authority/entity or litigant. 4. As it is evident from the above order, the Petitioner had originally obtained 58 EPCG Authorisations out of which 33 were redeemed by it. The Petitioner had further surrendered 3 authorisations. At the time when the said writ was considered, 22 authorisations were remaining. The Court after considering the fact that foreign tourism was almost at a nil position during the pandem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... writ petition, it is the grievance of the Petitioner that recently, letters have been issued by the Department of Revenue, Office of the Commissioner of Customs- Import, in violation of this Court s orders, invoking the bank guarantee submitted by the Petitioner without considering the Petitioner s representation. Further, it is the case of the petitioner that two weeks advance notice, in terms of the order extracted above, has not been given to invoke the bank guarantee. When the Petitioner learnt of the invocation, it brought the orders passed by this Court to the notice to the Customs Authorities upon which, the following e-mail was sent by the Deputy Commissioner:- Dear Sir/Madam, We have duly dispatched the subject letters ..... X X X X Extracts X X X X X X X X Extracts X X X X
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