Petitioner sought writ of Mandamus to release bank guarantees. Court refused to adjudicate merits but granted liberty to submit a representation for the respondent to consider within 30 days after hearing.
Liberty to submit a representation; Respondent to consider and pass orders within 30 days after hearing.
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IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 22.08.2019
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.3353 of 2013
M/s.Ankit Fasteners Pvt Ltd., Rep. by its Senior Manager Mr.S.N.Nanjundeshwar,
297, Haragadde Village, Road No.4, Jigni Industrial Estate Phase - I, Bangalore - 560105. ...Petitioner
Vs.
The Assistant Commissioner of Customs (EPCG), Office of the Commissioner of Customs, Customs House,
No.60, Rajaji Salai,
Chennai - 600001.
...Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondent to release the two bank guarantees Nos.1302/11/2002 dated 28.08.2002 for Rs.5,76,225/- and 1302/14/2002 dated 15.11.2002 for Rs.17,18,059/- executed by the petitioner.
For Petitioner : Mr.Hari Radhakrishnan
For Respondent : Mr.A.P.Srinivas, SSC
ORDER
The limited prayer sought for in the present writ petition is for an issuance of Writ of Mandamus, directing the respondent to release the bank guarantees on the ground that the Order-in-Original dated 25.04.2011 has been set aside by this Court in W.P.Nos.13647 and 13648 of 2012, dated 06.08.2012.
Court had quashed the Order-in-Original. Though the petitioner seems to claim that he is entitled for release of the bank guarantees, the respondent herein had filed a counter affidavit dated 05.03.2013, wherein they have attempted to justify that the petitioner is not entitled for such a relief.
W.P.No.3353 of 2013
1 issue framed by the court
Whether the petitioner is entitled to immediate release of bank guarantees given the quashing of the underlying order and submission of a redemption letter.
M/s. Ankit Fasteners Pvt Ltd.
The Assistant Commissioner of Customs (EPCG), Office of the Commissioner of Customs, Customs House, Chennai
M.S. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
