2020 (2) TMI 13 - HC - Customs

Return of bond and bank guarantee given for the purpose of provisional release at the time of clearance of goods - HELD THAT - It appears that the bank guarantee in question is not a live bank guarantee. Moreover, as submitted by learned counsel for the respondent that vide a communication dated 23rd January, 2020, the Provisional Duty Bond for ₹ 34,92,685/- has been cancelled. It is further submitted by learned counsel for the respondent that by the aforesaid communication, the petitioner has been allowed to collect the bank guarantee dated 26th July, 2017. In view of aforesaid statements made by learned counsel for the respondent with respect to the Provisional Duty Bond and the Bank Guarantee, the grievances ventilated in this writ petition have been brought to an end by the respondent. Petition disposed off.

Summary

Issues:
1. Validity of the bank guarantee submitted for provisional release of goods.

Analysis:
The petitioner sought the cancellation and return of a PD Bond and an Original Bank Guarantee submitted for provisional release of goods. The court noted that the bank guarantee in question was not live, and the respondent had already cancelled the Provisional Duty Bond. The respondent informed the court that the petitioner was allowed to collect the bank guarantee. Based on these submissions, the court concluded that the grievances raised in the petition had been resolved by the respondent. Consequently, the court disposed of the writ petition, finding it unnecessary to grant any further relief.

In conclusion, the court examined the validity of the bank guarantee submitted for the provisional release of goods. Upon confirming that the bank guarantee was not live and had been cancelled by the respondent, the court found that the grievances raised by the petitioner had been addressed. As a result, the court disposed of the writ petition, as the relief sought by the petitioner had been rendered unnecessary by the actions taken by the respondent.