Focus Energy Limited Vs Commissioner of Customs (Preventive)

[2025:RJ-JP:17058-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

D.B. Civil Writ Petition No. 5755/2025

Focus Energy Limited, a company registered under the provisions of Companies Act, 1956 having its registered office at 3^rd floor Gopala Tower, 25 Rajendra Place, New Delhi-110008 and its field office at Khasra No. 481-483, V&P Langtala, Jaisalmer, Rajasthan -345001 through its authorized signatory Mr. P.M. Alexander, Director

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----Petitioner

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Versus

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Commissioner Of Customs (Preventive), NCR Building, Statute Circle, C-Scheme, Jaipur, Rajasthan.

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Assistant Commissioner of Customs, Inland Container Depot, RAJSICO, Basni Phase-II, Jodhpur, Rajasthan, Headquartered at NCR Building, Statute Circle, C-Scheme, Jaipur-302005, Rajasthan.

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Chief Manager, Punjab National Bank, Punjab National Bank, Large Corporate Branch, C-13, 2^nd Floor, Sector-01, Noida-201301, Uttar Pradesh.

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----Respondents

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For Petitioner(s)	: Mr. Kartik Seth, Advocate Mr. Keshav Parashar, Advocate
For Respondent(s)	: Mr. R.D. Rastogi, Additional Solicitor General through VC
	Mr. Devesh Yadav, Advocate
	Ms. Payal Sharma, Advocate

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HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE ANAND SHARMA

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Order

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23/04/2025

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This writ petition has been come up with the following

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prayers:-

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"(i) Issue a writ of Certiorari setting aside the impugned letter bearing F.No.VIII (125)5/15M/2012/Pt.-II/dated 11.04.2025

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(2 of 3)

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[2025:RJ-JP:17058-DB]

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[CW-5755/2025]

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(Annexure A-1) issued by respondent no.2 and all consequential proceedings therewith and respondents no.1 and 2 be directed to not take any coercive steps to recover a non-existent duty demand without due process of law and direct respondents no.1 and 2 to release the bank guarantees to the petitioner;

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(ii) Issue a writ of mandamus and direct the respondents to refund the amounts, if any, received due to encashment of the bank guarantees during the pendency of this writ petition along with interest of 18%;

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(iii). Issue a writ of mandamus and direct the respondents no.1 and 2 to not invoke the bank guarantee in the future until the final adjudication of the present dispute in terms of Circular No.984/08/2014-CX dated 16th September, 2014;

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(iv) Issue a writ of mandamus and direct the respondent no.3 to not encash the bank guarantees till the pendency of the writ petition and /or without permission of this Hon'ble Court and until final adjudication of the present proceedings;

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(v) Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner."

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Mr. Kartik Seth, the learned counsel for the petitionercompany, on instructions from the authorised officer of the petitioner-company, seeks permission to withdraw the present writ petition with liberty to the petitioner- company to raise the legal issue as to jurisdiction of the Court by filing a fresh writ petition at Principal Seat, Jodhpur.

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[2025:RJ-JP:17058-DB]

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[CW-5755/2025]

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(3 of 3)

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