9911796707
TMI Blog2019 (8) TMI 546X X X X Extracts X X X X X X X X Extracts X X X X ..... ishing the corporate guarantee. In fact what the respondents seek is a modification of the judgment and order dated 15.04.2019 by substituting the condition of furnishing corporate guarantee with bank guarantee, which cannot be done in an application filed by the applicant herein. Insofar as the relief prayed for in this application is concerned, in the opinion of this court, the same appears to be reasonable inasmuch as on account of the ensuing vacations the judgment and order was not uploaded till 24th May, 2019, on account of which the applicant was not in a position to do the needful to obtain the corporate guarantee from the parent company which is situated in the Netherlands. Therefore on account of no fault on its part the applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr. B. S. Soparkar, learned advocate for the applicant submitted that while the judgment and order was dictated on 15.4.2019, the judgment was not available on the website of this court till 24.5.2019 and it is only thereafter that the applicant could do the needful for submitting the bank guarantee. 3.1 It was submitted that immediately thereafter, the applicant had forwarded a letter dated 25.5.2019 enclosing a draft corporate guarantee therewith to the third respondent, seeking confirmatory approval of the format, in compliance with the directions issued by this court. However, the third respondent, by a letter dated 6.6.2019, stated that the draft corporate guarantee had been sent to the higher authorities for their nece ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmunication dated 27.6.2019, the applicant has been called upon to show cause as to why it should not be treated as an assessee in default for the outstanding penalty demand in view of the fact that the corporate bank guarantee was not provided within three weeks from the date of the judgment. It was submitted that in view of the fact that the copy of the judgment was not available till 25.5.2019, the applicant could not furnish the corporate guarantee within the stipulated time limit, and hence, the time limit for furnishing the corporate guarantee be extended till 24th June, 2019 when the corporate guarantee was actually received by the third respondent. 4. Vehemently opposing the application, Mr. M. R. Bhatt, Senior Adv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsofar as the apprehensions voiced by the learned counsel for the respondent are concerned, the same do not fall within the scope of the present application whereby the applicant only seeks extension of the time stipulated by this court for furnishing the corporate guarantee. In fact what the respondents seek is a modification of the judgment and order dated 15.04.2019 by substituting the condition of furnishing corporate guarantee with bank guarantee, which cannot be done in an application filed by the applicant herein. 6. Insofar as the relief prayed for in this application is concerned, in the opinion of this court, the same appears to be reasonable inasmuch as on account of the ensuing vacations the judgment and order wa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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