2013 (10) TMI 499

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....RULE. At the instance of learned Counsel for both the parties, petition is taken up for final hearing. 2. Petitioner-Company challenges the action of the respondent-authority in encashing bank guarantees which were furnished by the petitioner to secure the revenue at the time of provisional release of goods i.e. before passing of an adjudication order. The adjudication order was passed on 22 Au....

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....ubmits that the action of encashing the Bank Guarantees even before the period to file an appeal is over, is contrary to and in define of the law laid down by this Court in the matter of Mahindra & Mahindra v/s. Union of India, 1992 (59) ELT 505 (Bom.) and Legrand (India) Pvt. Ltd. v/s. Union of India, 2007 (216) ELT 678 (Bom.). 5. On the basis of the above decisions, it is contended that the a....

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....d for filing an appeal is declared as bad in law. The respondent-revenue is directed to refund the aforesaid amount to respondent No.4 bank by 15 October 2013. Within one week of receiving the amount, the respondent No.4 bank would issue bank guarantees in favour of the respondent-authority, so as to maintain the statusquo ante as existing prior to encashment of the bank guarantee. 8. This orde....