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        Case ID :

        2026 (2) TMI 1147 - HC - GST

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        Bank Guarantee Condition: ad-interim relief granted only if petitioner furnishes guarantee; encashment restrained briefly after decision. Ad-interim relief was conditionally granted subject to the petitioner furnishing a bank guarantee from a nationalised bank within six weeks; the court ...
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Bank Guarantee Condition: ad-interim relief granted only if petitioner furnishes guarantee; encashment restrained briefly after decision.

                                Ad-interim relief was conditionally granted subject to the petitioner furnishing a bank guarantee from a nationalised bank within six weeks; the court recorded waivers of service for specified respondents and issued notice. The operative condition imposed a bank guarantee requirement and the authorities were restrained from encashing that guarantee for a period of two months following the final decision in the writ petition. The ad-interim relief was confined to the next listed date and is explicitly contingent on compliance with the guarantee condition.




                                Issues: Whether ad-interim relief should be granted to the petitioner on the condition of furnishing a bank guarantee and whether the authorities should be restrained from encashing the same for a limited period.

                                Analysis: The Court directed issuance of notice and recorded waivers of service for specified respondents. The Court ordered the petitioner to furnish a bank guarantee of Rs. 40,00,000 from a nationalised bank within six weeks. The authorities were restrained from encashing the bank guarantee for a period of two months following the final decision in the writ petition. The ad-interim relief was limited to the next date only and is conditional upon the furnishing of the bank guarantee.

                                Conclusion: Ad-interim relief granted in favour of the petitioner on the condition that the petitioner furnishes a bank guarantee of Rs. 40,00,000 within six weeks; the authorities are restrained from encashing the bank guarantee for two months post the decision of the writ petition.


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                                ActsIncome Tax
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