M/S. Runwal Constructions vs Union Of India And 2 Ors
2021 Latest Caselaw 8920 Bom

                                                    21.WPNo.13352019.docx

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY

              ORDINARY ORIGINAL CIVIL JURISDICTION

                     WRIT PETITION NO.1335 OF 2009

 M/s.Runwal Constructions ...            Petitioner
            versus
 Union of India & Ors.    ...            Respondents

                              .....
 Mr.Saket Mone a/w. Mr.Subit Chakrabarti i/b. Vidhi Partners,
 Advocate for the Petitioner.

 Mr.Sham Walve, Advocate for the Respondent.
                             .....

                               CORAM :- DIPANKAR DATTA, CJ &
                                        G. S. KULKARNI, J.

DATE :- JULY 8, 2021 PC :

1 By judgment and order dated 22nd April 2021 the above

writ petition was allowed by a co-ordinate Bench of this Court,

whereby, the impugned demand notices were quashed and

set aside.

2 Today's application on behalf of the petitioner is for the

release of the bank guarantee of Rs.2,26,00,000/- furnished by

the petitioner in pursuance of the interim order dated 15 th

February 2010 passed on the petition, which was intended to

secure the interest of the revenue, during the pendency of the

writ petition. The petitioner has extended the bank guarantee

Gaikwad RD 1/2

21.WPNo.13352019.docx

from time to time and the same is kept alive till 24 th February

2022.

3. Although the principal proceedings stood disposed of,

however, the bank guarantee as furnished by the petitioner in

favour of the Prothonotary and Senior Master of this Court has

remained to be returned. In the circumstances, it is desirable

that the said bank guarantee be released.

3 Mr.Walwe, learned Counsel for the revenue has placed on

record a letter dated 1st July 2021 issued by the Deputy

Commissioner, (Div-IV), CGST & C.Ex., Navi Mumbai informing

him that the department has no objection for the release

of bank guarantee, as the department does not intend to

assail the judgment and order passed by this Court

considering the low tax efect.

4 The Prothonotary and Senior Master shall release the

bank guarantee in question to the Advocate for the petitioner

within one week from today. Ordered accordingly.

5. Praecipe is disposed of in the above terms.

     (G. S. KULKARNI, J.)                             (CHIEF JUSTICE)

 Gaikwad RD                                                                      2/2