2005 (11) TMI 505 - HC - Customs

Summary

Issues:
Customs order against petitioner, bank guarantee validity, appeal process, encashment of bank guarantee, communication to respondent No.3.

Analysis:
The High Court of BOMBAY delivered a judgment regarding a petition where the Commissioner of Customs had passed an adverse order against the petitioner on November 9, 2005. The petitioner had provided a bank guarantee from respondent No.3 to secure the interests of respondent Nos.1 and 2 in the proceedings. As the order was unfavorable to the petitioner, respondent Nos.1 and 2 sought to encash the bank guarantee. The bank guarantee was valid until December 22, 2005. The petitioner was advised to file an appeal against the order before the Customs, Excise and Service Tax Appellate Tribunal by the end of the month and apply for a stay order by December 15, 2005. If the necessary order was not obtained by then, respondent Nos.1 and 2 were permitted to encash the bank guarantee. It was explicitly stated that the bank guarantee should not be encashed in the interim, and both parties were directed to inform respondent No.3 about this decision. The petition was disposed of in accordance with this order, with no costs imposed. An authenticated copy of the order was to be provided to the parties for reference.