2014 (1) TMI 123

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....ution of India seeking stay of encashment of 20 bank guarantees which have been invoked by Deputy Commissioner of Customs. Copy of only one bank guarantee has been enclosed with the writ petition. On examination of the said bank guaranttee, we notice that the bank had undertaken to pay the Deputy Commissioner of Customs, New Delhi the amount specified, on account of any loss or damage caused to, or suffered by, or would be suffered by Government of India (Deputy Commissioner of Customs) by reason of any breach by the importer (the petitioner) of any terms or conditions contained in the bond. There are other circumstances under which the Deputy Commissioner of Customs is entitled to invoke the bank guarantee. 2. Along with the writ petiti....

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....y with the export obligations. Sanya Hospitality Pvt. Ltd. would furnish fresh bank guarantees. The request of Sanya Hospitality Pvt. Ltd. was considered by EPCG Committee in their meeting held on 17.11.2011. The Committee had allowed endorsement of the licence subject to the condition that Sanya Hospitality Pvt. Ltd. would furnish a fresh bank guarantee and letter of undertaking. It is emphasised that Sanya Hospitality Pvt. Ltd. has complied with and fulfilled all export obligations. 4. Our attention has been drawn to the letter dated 23.12.2011, which was written by the Foreign Trade Development Officer to the petitioner herein. As per the said letter, on 17.11.2011, the EPCG Committee had decided to allow endorsement of EPCG authorisa....

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....011 shows that certain conditions had to be fulfilled and the Regional Authority had to take necessary action. Letter dated 11.04.2013 records that the conditions imposed were not fulfilled and licence was not transferred and endorsement was not made. In the present case, the petitioner has furnished a bank guarantee to the Customs Authorities, which could be invoked for loss caused or would be caused for violation of the terms of the bond. The letter invoking the guarantee states that terms of the bond have been violated. The petitioner has not filed the said bond on record. 6. At this stage, learned counsel for the petitioner submits that in fact, bank guarantee should not be invoked till there is a final adjudication, a demand is crea....