1996 (3) TMI 225 - AT - Central Excise

Tribunal defers decision on appeal dismissal due to bank guarantee non-renewal, seeks High Court clarification.

The Tribunal deferred the decision on the dismissal of the appeals due to non-renewal of Bank Guarantees, pending clarification from the Delhi High Court. ... Stay of demand Issues:1. Dismissal of appeals due to non-renewal of Bank Guarantees.Analysis:The Revenue filed an application seeking the dismissal of the appeals on the grounds that the appellants failed to renew the Bank Guarantees as per the court's order. The appellants were directed to deposit specific amounts and furnish Bank Guarantees by the Delhi High Court and the Supreme Court. The appellants complied and provided Bank Guarantees from different banks, but some Guarantees were not renewed within the specified time frame. The Revenue argued that the appeals should be dismissed based on the court's order if there was a default in compliance.The appellant's counsel contended that the Bank Guarantees were valid until a later date as per the terms mentioned in the Guarantees themselves. They also presented correspondence indicating that the Guarantees could be enforced until a specific date, even though they were not technically renewed. The counsel emphasized that the Guarantees were enforceable within the validity period and requested condonation of any delay in renewal, as they had since renewed and submitted the Guarantees.In response, the Revenue's counsel argued that under the court's order, the Tribunal had no authority to condone any delay in renewing the Bank Guarantees, and non-renewal automatically led to dismissal of the appeals. They pointed out the distinction between the validity period of the Guarantees and the period for enforcing the claim, stating that the Bank must honor the Guarantees during the validity period, while the Revenue must take action during the enforcement period.Upon review, the Tribunal noted that the Bank Guarantees were initially accepted by the Delhi High Court and had been subsequently renewed, albeit not within the specified time. Considering the court's order indicating dismissal in case of non-compliance, the Tribunal suggested that the appellants should seek a proper direction from the Delhi High Court regarding the renewal of the Guarantees. The hearing was adjourned for the appellants to obtain the necessary orders or directions from the High Court.In conclusion, the Tribunal deferred the decision on the dismissal of the appeals pending clarification from the Delhi High Court regarding the renewal of Bank Guarantees, emphasizing the need for compliance with the court's orders.