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2020 (11) TMI 22 - HC - Central ExciseRestoration/return of the Bank Guarantee - HELD THAT - The applicant had submitted a bank guarantee of State Bank of India bearing No.0999514BG0001982 dated 3/12/2014 which was subsequently amended on 5/10/2017 extending validity period upto 30/11/2022 - In the meanwhile, Central Government introduced the Sabka Vishwas (Legacy Dispute Resolution) Scheme 2019. In order to avail the benefits under the aforesaid scheme, petitioner sought leave of the Court to withdraw the writ petition. By order dated 12/12/2019, this Court disposed of Writ Petition No. 8922 of 2014 as withdrawn. Writ Petition No. 8922 of 2014 be restored for the limited purpose of passing an order directing the Registry of this Hon ble Court to return the Bank Guarantee No. 0999514BG0001982 dated 03.12.2014 (as amended by amendment dated 05.10.2017).
Issues: Restoration/Return of Bank Guarantee
Analysis: The applicant, who was the petitioner in Writ Petition No. 8922 of 2014, filed an Interim Application seeking restoration/return of a Bank Guarantee dated 3/12/2014, which was amended on 5/10/2017. The Bank Guarantee was submitted to stay the recovery of interest and penalty levied on the applicant. The applicant sought leave to withdraw the writ petition to avail benefits under the Sabka Vishwas Scheme 2019, which was granted, and the writ petition was disposed of as withdrawn on 12/12/2019. A discharge certificate was subsequently issued to the applicant under the scheme on 12/3/2020. The applicant filed the present Interim Application requesting the restoration of Writ Petition No. 8922 of 2014 for the purpose of directing the Court Registry to return the Bank Guarantee. The Court, after considering the facts and circumstances, decided that restoring the writ petition was unnecessary as the relief sought was consequential. Consequently, the Court directed the Registry to return the Bank Guarantee to the petitioner. The Interim Application was disposed of with this direction. The Court's decision was based on the understanding that the relief sought by the applicant was directly related to the return of the Bank Guarantee, and therefore, restoring the writ petition was not deemed necessary. The Court's direction to return the Bank Guarantee signifies the resolution of the matter in favor of the applicant, as the purpose for which the Bank Guarantee was submitted had been fulfilled through the Sabka Vishwas Scheme 2019.
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