Court denies restoration of writ petition for Bank Guarantee return, directs return under Sabka Vishwas Scheme

The Court decided not to restore the writ petition seeking the return of a Bank Guarantee as the relief sought was deemed consequential. The Court directed the Registry to return the Bank Guarantee to the petitioner, considering that the purpose for which it was submitted had been fulfilled under the Sabka Vishwas Scheme 2019. The Interim Application was disposed of with this direction, resolving the matter in favor of the applicant.

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Issues: Restoration/Return of Bank Guarantee

Analysis:
The applicant, who was the petitioner in Writ Petition No. 8922 of 2014, filed an Interim Application seeking restoration/return of a Bank Guarantee dated 3/12/2014, which was amended on 5/10/2017. The Bank Guarantee was submitted to stay the recovery of interest and penalty levied on the applicant. The applicant sought leave to withdraw the writ petition to avail benefits under the Sabka Vishwas Scheme 2019, which was granted, and the writ petition was disposed of as withdrawn on 12/12/2019. A discharge certificate was subsequently issued to the applicant under the scheme on 12/3/2020.

The applicant filed the present Interim Application requesting the restoration of Writ Petition No. 8922 of 2014 for the purpose of directing the Court Registry to return the Bank Guarantee. The Court, after considering the facts and circumstances, decided that restoring the writ petition was unnecessary as the relief sought was consequential. Consequently, the Court directed the Registry to return the Bank Guarantee to the petitioner. The Interim Application was disposed of with this direction.

The Court's decision was based on the understanding that the relief sought by the applicant was directly related to the return of the Bank Guarantee, and therefore, restoring the writ petition was not deemed necessary. The Court's direction to return the Bank Guarantee signifies the resolution of the matter in favor of the applicant, as the purpose for which the Bank Guarantee was submitted had been fulfilled through the Sabka Vishwas Scheme 2019.

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