9911796707
TMI Blog2016 (9) TMI 223X X X X Extracts X X X X X X X X Extracts X X X X ..... interim order was granted on the ground that the petitioner had furnished a Bank Guarantee covering the entire amount. However, it was subsequently, brought to the notice of the Court by the third respondent that the petitioner's Bank Guarantee dated 06.07.1990 was valid only upto 26.01.1991 and the same stand cancelled on 28.01.1993. Thus, the respondent Department cannot make a claim against the third respondent Bank and this observation would protect the interest of the third respondent Bank. Therefore, this Court is inclined to issue appropriate directions to the second respondent to take note of the subsequent events, the fact that the goods in question were sold and the sale proceeds have been remitted to the Customs Department, for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e sent by the second respondent on various dates with regard to the proposed action under section 28(2) of the Customs Act, 1962. The notice states that the petitioner failed to produce the required documents for finalisation of the project import and was called upon to show cause as to why the amount of ₹ 1,10,00,000/- should not be recovered from them. Since, notices were not responded and the petitioner did not appear before the second respondent, the proceedings were finalised exparte, by an order dated 30.08.2002, by stating that the petitioner cleared the consignment as project contract, but they failed to produce the required documents as per section 7 of the Project Import Regulations,1986 for finalisation of the project. Ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bank Guarantee dated 06.07.1990 was valid only upto 26.01.1991 and the same stand cancelled on 28.01.1993. Thus, the respondent Department cannot make a claim against the third respondent Bank and this observation would protect the interest of the third respondent Bank. 6. For the reasons assigned in the preceding paragraphs, this Court is inclined to issue appropriate directions to the second respondent to take note of the subsequent events, the fact that the goods in question were sold and the sale proceeds have been remitted to the Customs Department, for which purpose the order passed by the second respondent requires to be set aside. 7.In the result - (i) The relief sought for by the petitioner is molded and the order passed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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