9911796707
TMI Blog2024 (9) TMI 1043X X X X Extracts X X X X X X X X Extracts X X X X ..... last twenty two years without there being any conclusion of the lis has in fact caused prejudice to the appellant herein who has, for no fault of his but on account of the protraction in litigation, been deprived of a huge amount which is a subject of the bank guarantee. The portion of the impugned order is set aside and the appellant herein permitted to discontinue the bank guarantee and direct refund of the said amount of the guarantee - Since the bank guarantee is permitted to be discontinued, the appellant to file an Affidavit of Undertaking before the High Court within a period of two weeks and thereafter permission will be granted to discontinue the bank guarantee, thereafter the appellant may discontinue the bank guarantee. Appeal al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eeks thereafter. Learned senior Counsel for the appellant submitted that pursuant to the said order, the appellant submitted the bank guarantee in compliance with the order of this Court; that for the last twenty two years, the bank guarantee has been renewed from time to time but the main lis has been inconclusive. In this regard, our attention was drawn to the order of the Customs Excise and Service Tax Appellate Tribunal (CESTAT) dated 30.01.2023 which has categorically recorded in paragraph 8 as under: 8. The concerned Customs department, vide its letter dated 01.03.2023, have further informed that the judgment in the case of Weizmann Ltd. Anr. Vs. CC (Prev.), Mumbai, reported in 2005 (185) ELT 278 (Tri.-LB) was reversed by the Hon ble ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t reported in 2013 (287) ELT 427 (Bom.), has a bearing on the case is a matter to be considered by the High Court. Till the said decision is rendered by the High Court on the order of reference dated 30.01.2023, the appellant cannot be permitted to wriggle out of the order made by this Court on 11.11.2002, particularly in an appeal filed by the respondent-Union of India. She further submitted that there is no merit in the appeal as well as in the application and the same may be dismissed. We have considered the submissions advanced at the bar. In light of the pleadings on record and also the orders made what emerges is the fact that pursuant to the order of this Court dated 11.11.2002, the appellant herein submitted the bank guarantee but w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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