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of <h1>Bench discharges Bank Guarantees in appeal success - CESTAT Procedure Rules compliance</h1> <h3>M/s Global Vectra Helicorp Ltd. Versus Commissioner of Customs (ACC And Import), Mumbai</h3> M/s Global Vectra Helicorp Ltd. Versus Commissioner of Customs (ACC And Import), Mumbai - TMI Issues:Application for direction under Rule 41 of CESTAT (Procedure) Rules 1982 for discharge of Bank Guarantee.Analysis:The judgment pertains to an application filed by the applicant seeking direction under Rule 41 of the CESTAT (Procedure) Rules 1982 for the discharge of a Bank Guarantee that was provided during the proceedings. The Senior Counsel representing the appellant highlighted that a previous Final Order dated 29.4.2015 by the Bench had set aside the impugned order contested on merits and granted consequential relief. The appellant, M/s. Global Vectra Helicorp Ltd., had executed two Bank Guarantees issued by the Royal Bank of Scotland, which were valid until specific dates in 2015. The Bench, after reviewing the records and considering the previous Final Order where one of the members was involved, noted that the appeals filed by M/s. Global Vectra Helicorp Ltd. had been allowed, and the appeal of the Revenue had been dismissed. Consequently, the Bench ordered the discharge of the Bank Guarantees executed by M/s. Global Vectra Helicorp Ltd. since their appeal had already been successful.This judgment showcases the application of Rule 41 of the CESTAT (Procedure) Rules 1982 in the context of seeking the discharge of a Bank Guarantee. It underscores the importance of compliance with procedural rules and the significance of previous Final Orders in determining subsequent actions. The decision reflects a careful consideration of the facts, records, and previous rulings to arrive at the conclusion that the Bank Guarantees should be discharged due to the successful appeal of the appellant. The judgment highlights the authority of the Tribunal to issue directions regarding Bank Guarantees in alignment with the outcomes of appeal proceedings, emphasizing the procedural and consequential aspects of such decisions in the realm of legal proceedings.
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