Court dismisses writ petition challenging bank guarantee forfeiture, directs petitioner to seek relief through CESTAT appeal

The court found no reason to entertain the writ petition seeking to quash the order forfeiting a bank guarantee and requesting a writ of mandamus. As the petitioner had already appealed before CESTAT, New Delhi, and could file a stay application there, the court directed CESTAT to decide on the stay application in accordance with relevant laws and regulations. Consequently, the court disposed of the writ petition and the civil miscellaneous application was also closed accordingly.

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Issues:
1. Forfeiture of bank guarantee worth Rs. 75,000
2. Praying for writ of mandamus to work under Customs Broker license

Analysis:
1. The petitioner filed a writ petition seeking to quash the order of the respondent department forfeiting a bank guarantee of Rs. 75,000 and requesting a writ of mandamus to allow working under the Customs Broker license. The court noted that an appeal had already been filed by the petitioner against the Order-in-Original dated 13th September, 2019, before the CESTAT, New Delhi.

2. The court directed that since the petitioner had appealed before the CESTAT, New Delhi, and could file a stay application there, the CESTAT would decide on the stay application as per the relevant laws, rules, regulations, and government policies. Consequently, the court found no reason to entertain the writ petition and disposed of the same.

Civil Miscellaneous Application:
The civil miscellaneous application was disposed of in view of the order passed in the writ petition, bringing the entire matter to a close.

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