Appellants to Provide Bank Guarantee for Pending Appeal with Clear Conditions

The court directed the appellants to furnish a Bank Guarantee for 25% of the amount in question for the pending appeal before CESTAT. The appellants agreed to provide the Bank Guarantee within ten days, with clear conditions on its return or appropriation based on the appeal outcome. Additionally, writ petitions seeking withdrawal were dismissed, and appeals were disposed of in accordance with the signed order, emphasizing a straightforward resolution of the matters at hand.

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Issues Involved:
1. Furnishing of Bank Guarantee for pending appeal before CESTAT.
2. Dismissal of writ petitions seeking withdrawal.
3. Disposal of appeals in terms of the signed order.

Analysis:

1. Furnishing of Bank Guarantee for pending appeal before CESTAT:
The judgment, delivered by Mr. Justice M.Y. Eqbal and Mr. Justice Shiva Kirti Singh, pertains to the appellants' request to furnish a Bank Guarantee for 25% of the amount in question, as directed for the pending appeal before CESTAT. The counsel for the appellants agreed to provide the Bank Guarantee within ten days, which was not opposed by the respondent's counsel. The court disposed of the appeals with a clear directive for the appellants to furnish the Bank Guarantee within the stipulated time frame. It was explicitly stated that if the appellants succeed in the pending appeal, the Bank Guarantee would be returned; however, if the order goes against them, the amount of the Bank Guarantee would be appropriated. Furthermore, the appellants were prohibited from objecting to the invocation of the Bank Guarantee even if they preferred further appeal. The judgment emphasized the adjustment of the Bank Guarantee amount with any previously deposited sum for the determination process.

2. Dismissal of writ petitions seeking withdrawal:
In a separate context, the judgment addressed Writ Petition (Crl.) Nos.85 and 86 of 2012. The counsel for the writ petitioner, Mr. Saurabh Kirpal, sought permission for the withdrawal of these petitions. Consequently, the court dismissed these writ petitions as withdrawn, thereby resolving this specific issue.

3. Disposal of appeals in terms of the signed order:
Lastly, the judgment dealt with C.A. Nos.5204-5205/2012 and C.A. Nos.5206-5207/2012, disposing of these appeals in accordance with the signed order. The court's decision in this regard was concise and did not require further elaboration, indicating a straightforward resolution of these appeals based on the provided order.

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