2021 (8) TMI 38 - HC - Customs

Permission for withdrawal of petition - Seeking directions to the Respondents for release of the Bank Guarantees - HELD THAT - Liberty as aforesaid is granted. As and when such representation is preferred by the Petitioner, the same shall be decided by the Authority concerned in accordance with law, rules and regulations and Government policies applicable to the facts of the case, as early as possible and practicable. Writ petition is hereby disposed of as withdrawn with liberty as aforesaid.

Summary

Issues:
Petitioner seeks release of Bank Guarantees furnished in August 2017.

Analysis:
The High Court, comprising the Chief Justice and Ms. Justice Jyoti Singh, heard the matter through video conferencing. The court considered the writ petition filed by Mr. Pradeep Jain, Advocate, seeking directions for the release of Bank Guarantees provided in August 2017. The court noted that there was no evidence presented to establish the current validity of the Bank Guarantees or any indication that the Respondents had instructed to revalidate them over the past four years. Consequently, the court declined to issue notice on the petition. However, the petitioner's counsel expressed a desire to withdraw the writ petition with the liberty to approach the relevant Authority to seek the release of the Bank Guarantees by demonstrating their validity and providing reasons for release. The court granted the petitioner liberty to make such a representation before the concerned Authority. It was emphasized that the Authority should decide on the matter promptly in accordance with applicable laws, rules, regulations, and government policies. Subsequently, the writ petition was disposed of as withdrawn, with liberty granted to the petitioner as mentioned above.