TMI Blog1999 (10) TMI 69X X X X Extracts X X X X X X X X Extracts X X X X ..... he above writ petition was listed, on behalf of Mr. M.T. Arunan, learned Additional Central Government Standing Counsel, a request was made that the matter may be posted for orders on 13-10-1999. Accordingly, the matter is listed today. On behalf of respondents, the third respondent has filed a counter affidavit. 3.Heard Mr. Habibullah Badsha, learned Senior Counsel appearing for Mr. K. Ilias Ali for the petitioner and Mr. M.T. Arunan, learned Additional Central Government Standing Counsel appearing for the respondents. 4.In terms of the order passed by the Honourable Supreme Court, the writ petitioner deposited a sum of Rs.12.5 lakhs and furnished a Bank Guarantee for equal sum under Section 129-E of the Customs Act. Thereafter, the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal is allowed by the CEGAT, there is no justification or reason, or rhyme, for the respondents to retain the sum of Rs.12.5 lakhs and without returning the Bank Guarantee and that too for an indefinite period. The respondents did not have courtesy even to send a reply, nor even an acknowledgement stating that the petitioner's request is under consideration. No action has been taken by the respondents till 28-4-1998, when the writ petition was filed. 9.Even after filing of the writ petition and this Court ordering notice of motion on 29-4-1998 and till this date, the respondents had not cared to pass orders on the request made by the petitioner, nor the respondents have chosen to correspond with the petitioner. 10.As already pointed ou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondents seems to be nothing but arbitrary silence and high handed action. The respondents are on the assumption that they are above the rule of law, which course cannot be appreciated by this Court. 13.In the circumstances, the Writ Petition is allowed. The respondents are directed to refund the sum of Rs. 12.5 lakhs and to return the Bank Guarantee for the value of Rs. 12.5 lakhs furnished to the petitioner within six weeks from today with interest at 15% per annum from 27-10-1997 on which date, the reference application submitted by the respondents came to be rejected. 14.The Writ Petition is allowed in the above terms. Consequently, W.M.P. No. 9694 of 1999 is closed. The respondents shall pay a sum of Rs. 10,000/- as costs. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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