1999 (10) TMI 69 - HC - Customs

Court orders refund of Rs. 12.5 lakhs and Bank Guarantee return in Writ Petition.

The Writ Petition was allowed, directing the respondents to refund the sum of Rs. 12.5 lakhs and return the Bank Guarantee within six weeks from the ... Refund of amount pre-deposited Issues involved: The petitioner sought a Writ of Mandamus for the refund of a sum deposited under Section 129E of the Customs Act and the release of a Bank Guarantee.Details of the Judgment:Issue 1: Refund of deposited sum and release of Bank GuaranteeThe petitioner deposited Rs. 12.5 lakhs and furnished a Bank Guarantee under Section 129-E of the Customs Act. The appeal was allowed by the Customs, Excise & Gold (Control) Appellate Tribunal (CEGAT) on 29-2-1997, setting aside the previous order. Despite this, the respondents did not respond to requests for refund and return of the Bank Guarantee. Legal notices were sent on 19-8-1997 and 20-1-1998, with no reply received. The respondents failed to justify their retention of the amount and did not communicate with the petitioner even after the writ petition was filed. The counter affidavit admitted the liability to refund the amount and return the Bank Guarantee, with no objection raised on the demand made by the petitioner. The Court found the respondents' actions to be arbitrary and directed them to refund the sum and return the Bank Guarantee with interest at 15% per annum from 27-10-1997.Conclusion:The Writ Petition was allowed, and the respondents were directed to refund the sum of Rs. 12.5 lakhs and return the Bank Guarantee within six weeks from the judgment date, with costs awarded to the petitioner.