2018 (1) TMI 1499 - HC - Customs

Furnishing of Bank Guarantee - the petitioner says that he has no objection to the writ petition being disposed of if the needful is done, albeit, within a specific time frame - HELD THAT - The respondent No. 2 i.e. National Thermal Power Corporation is directed to furnish a bank guarantee within 8 weeks from today - Pending the same, that is, respondent No. 2 furnishing a bank guarantee in favour of respondent no. 1, the interim order passed by this Court on 18th December, 2017 will continue to operate. Petition disposed off.

Summary

Issues:
1. Bank guarantee to be furnished by National Thermal Power Corporation in favor of the Commissioner of Customs.
2. Disposal of the writ petition with specific directions.

Analysis:
1. The judgment revolves around the issue of the National Thermal Power Corporation being directed to furnish a bank guarantee in favor of the Commissioner of Customs. The counsel for the respondent No. 2 informed the court that they have obtained instructions in the matter. The learned counsel emphasized that the National Thermal Power Corporation must provide a bank guarantee to the Commissioner of Customs. The petitioner's counsel, Mr. Dayan Krishnan, expressed no objection to the writ petition being disposed of, subject to the fulfillment of the necessary requirements within a specified timeframe.

2. Consequently, the court ordered that the National Thermal Power Corporation must furnish a bank guarantee within 8 weeks from the date of the judgment. Until the bank guarantee is provided to the Commissioner of Customs, the interim order issued by the court on 18th December, 2017, will remain in effect. The court disposed of the writ petition with the aforementioned directions, ensuring compliance with the necessary legal procedures. The judgment concludes with the term "Dasti," indicating that a copy of the order should be provided to the parties for their records and further action.