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Issues involved: Invocation of a bank guarantee u/s Notification No. 52/2003-Customs, re-export of goods within stipulated time period, extension of time for re-export, legality of bank guarantee invocation.
Summary: Invocation of Bank Guarantee: The petitioner, aggrieved by the invocation of a bank guarantee dated 25th January, 2007, had exported mono-chrome monitor tubes for medical and industrial application. The foreign buyer found the tubes unsatisfactory, prompting the petitioner to import them back for repairs or modifications to meet the buyer's requirements. Requirement of Bank Guarantee: Upon re-importing the goods, the petitioner was informed of the necessity to furnish a bank guarantee. The petitioner agreed to re-export the goods within six months or with an extension granted by the Deputy Commissioner of Customs, New Delhi. The bank guarantee amount was &8377; 34 lakhs, with a deadline of 25th July, 2007. Legal Obligations: The petitioner contended that as per Notification No. 52/2003-Customs, it was not obligated to provide a bank guarantee. However, the Notification specified the execution of a bond, which the petitioner had submitted. Subsequently, the competent authority required a bank guarantee post-import, to which the petitioner did not object at the time. Re-export and Extension: The petitioner re-exported 72 tubes within the initial six-month period and the remaining thereafter. Notably, the petitioner did not seek an extension within the stipulated timeframe but requested it after the expiry of the period specified in the bank guarantee. Bank Guarantee Invocation: The court emphasized the strict and clear law regarding bank guarantee invocation, noting the absence of fraud allegations or deviations from the guarantee terms. As the petitioner failed to extend the re-export period within the allowed timeframe, the court declined to intervene, ultimately dismissing the writ petition.
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