Parmanand Agarwal Vs. Commissioner of Customs - Court Judgment

Excerpt:
- vinod kumar gupta, j.1. since no affidavit-in-opposition has been filed by the respondents, therefore, the allegations made in the writ application shall not be deemed to have been admitted.2. the short grievance of the petitioner is that the bank guarantee furnished by the petitioner pursuant to the order dated 26-5-1994 passed by the collector of customs, calcutta has not been returned to the petitioner despite the litigation with respect to the licence in question since being over.3. the petitioner's grievance is that even though a division bench of this court in the case of collector of customs v. ram rich pal agarwal vide its judgment dated 14-6-1994 had dismissed the appeal filed by the collector of customs thus putting an end to the controversy relating to any alleged irregularity in the licence in question and its consequent transferability, the respondents are not returning the bank guarantee furnished by the petitioner. the petitioner's further contention is that the true intent and purport of the order dated 26-5-1994 passed by the collector of customs was that the release of goods on duty free basis shall be subject to the adjudication by this court of the dispute relating to the transferability of the licence. the petitioner states that since this dispute has now been resolved in favour of the transferability, the petitioner is entitled to the release of bank guarantee.4. after hearing the learned advocates of the parties i dispose of this application by directing the collector of customs, calcutta to finally dispose of the petitioner's request for release of the bank guarantee within two weeks from today. the disposal of the petitioner's request shall be in accordance with law and the judgment of this court given by the division bench on 14-6-1994. if despite the aforesaid observations, for valid, lawful and legislate reasons the collector finds that the petitioner is not entitled for the release of the bank guarantee, it shall pass a detailed speaking and reasoned order and communicate the same to the petitioner within a period of two weeks from date.5. all parties are to act on a xerox signed copy of this dictated order on the usual undertaking.