2015 (11) TMI 201

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ndent : Mr.Pankaj Gupta, Advocate ORDER Ramendra Jain, J. The petitioner has approached this Court inter alia praying for quashing the condition number (b) of provisional release letter dated 18.06.2015 asking it to furnish bank guarantee to the tune of Rs. 6,95,000/-. 2. The Officers of respondent No.2 seized five containers of the petitioner at ICD, Ludhiana on 05.03.2015, 19.03.2015....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....toms) ordered for provisional release of goods to the petitioner subject to furnishing of bank guarantee of 20% of declared FOB value, apart from execution of bond of 100% of declared value. On 25.05.2015, the petitioner deposited Rs. 5,00,000/- with the respondent by way of a demand draft and requested respondent No.4 for provisional release of seized goods, but without insisting for bank guarant....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rement of furnishing bank guarantee of the goods is not justified on a simple dispute of classification and valuation. In the instant case also there is a dispute regarding valuation of the goods to be exported. 6. In 'Kuber Casting (P) Ltd. V/s Union of India, 2013 (297) E.L.T. 4 (P&H), a Division Bench of this Court has again held that the demand of a bank guarantee is not only harsh, but squ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....dertaking that in the eventuality of any other amount found due, it would discharge its liability, without any protest or demure subject, however, to its right to file an appeal. The goods if not released, be released to the petitioner within two weeks from the date of receipt of certified copy of this order. It is clarified that any observation made hereinbefore shall not be taken as an expressio....