Phakt Overseas And Mr. Virendra ... vs The Union Of India (Uoi) And Ors.
2006 Latest Caselaw 469 Bom

Citation : 2006 Latest Caselaw 469 Bom
Judgement Date : 28 April, 2006

Bombay High Court

Phakt Overseas And Mr. Virendra ... vs The Union Of India (Uoi) And Ors. on 28 April, 2006

Equivalent citations: 2006 (6) BomCR 170, 2007 (207) ELT 223 Bom

Author: R Lodha

Bench: R Lodha, J Devadhar

JUDGMENT

R.M. Lodha, J.

Page 2143

1. We are informed by Mr.P.B.Vaishnav, Assistant Commissioner of Customs, Group VII, New Custom House, Mumbai that the petitioners have now revalidated the Bank Guarantee No. BG/0/148 dated 25th April, 2006 valid upto 15th April, 2007 for the sum of Rs.1,80,543/- issued by Saraswat Co-operative Bank Ltd., Fort Branch. The zerox copy of the Bank Guarantee dated 26th April, 2006 sent by the advocate for the petitioners is taken on record and marked "X" for identification purposes.

2. In view thereof, we dispense with the personal presence of Mr.P.B.Vaishnav, Assistant Commissioner of Customs, Group VII.

3. We heard Mr.S.N.Panda, advocate for the petitioners and Mr.Y.R.Mishra, advocate for the revenue.

4. The petitioners, by means of this writ petition, have principally prayed that the respondents 2 to 5 be directed to allow the petitioners to clear their goods imported vide Bill of Entry No. 1419/62 dated 3.6.1996 and issue detention certificate for the entire period of detention.

5. By the interim order dated 24th October, 1996, this Court directed the concerned respndents to allow the clearance of the petitioners' goods subject to their furnishing the Bank Guarantee to the extent of 100% of the differential duty. The goods were, thus, got cleared on furnishing the Bank Guarantee. The Bank Guarantee, as observed above, has now been revalidated upto 15th April, 2007.

6. Taking overall facts and circumstances into consideration, we are of the view that it would be in the fitness of things if the Assessing Officer completes the adjudication under Section 17 of the Customs Act, 1962 expeditiously and the petitioner cooperates with the Assessing Officer in that regard. The goods have already cleared, as noticed above.

7. Accordingly, we dispose of the writ petition by the following order:

(i) The respondent no. 4 shall complete the adjudication proceedings under Section 17 of the Customs Act, 1962 as expeditiously as possible and in no case later than six months from today.

(ii) Until adjudication proceedings are over and for a period of one month therefrom, the Bank Guarantee furnished by the petitioners shall be kept alive. No costs.