Calcutta High Court
M/S. Sreeleathers vs The Commissioner Of Central Excise on 25 March, 2011
Author: Indira Banerjee
Bench: Indira Banerjee
WP No. 211 of 2007
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
M/s. Sreeleathers
Versus
The Commissioner of Central Excise, Kol-V
Commissionerate & Ors.
BEFORE:
THE HON'BLE JUSTICE
INDIRA BANERJEE
MARCH 25, 2011
Appearance:
Mr.Chandranath Mukherjee, Adv.
Mr. Sumanta Biswas, Adv.
For the petitioner.
Mr. R. Bharadwaj, Adv.
Mr. K.K.Maity, Adv.
for the Respondents.
The Court : After hearing learned Counsel appearing on behalf of the respective parties, the writ application is disposed of with a direction on the Tribunal to hear the appeals being Excise Appeal Nos. 629 of 2009, 630 of 2009, 631 of 2009, Excise Appeal No. 472 of 2010, and Excise Appeal No. E/488/2010-DB expeditiously preferably within three months from the date of communication of this order. This Court, by an order dated 2nd March, 2007 directed release of the goods in question subject to the petitioner depositing a sum of Rs.2 (two) lakhs and furnishing a bank guarantee of Rs.2(two) lakhs of any nationalized bank, in favour of the respondent no.1.
It is submitted that pursuant to the aforesaid order the petitioner has deposited Rs.2 (two) lakhs in cash and has furnished bank guarantee of Rs.2 (two) lakhs and the goods have been released.
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This Court also directed the petitioners, to file with the respondent No.1, monthly statements, of all footwear exceeding maximum retail price of Rs.260/- per pair, received by the petitioner at its premises after 14th February, 2007, giving details of MRP and quantity. Such statements were directed to be filed within ten days from the end of the month. The petitioners were further directed to deposit 50% of the duty thereon in cash and to furnish bank guarantees of any nationalized bank securing the balance 50% of the duty thereon. . It is submitted that this has also been done.
The petitioners shall till disposal of the appeals before the Tribunal and subject to further orders, if any, of the Tribunal continue to submit monthly statements and make payment of 50% of duty in cash and furnish bank guarantees, securing the balance 50% of the duty thereon as per the directions contained in the order dated 2nd March, 2007.
It is made clear that all bank guarantees furnished pursuant to the orders of this Court shall be kept renewed. The bank guarantees shall be renewed at least one month before expiry thereof, upon notice to the respondent no.1, failing which the concerned bank guarantees might be invoked. Needless to mention that the bank guarantees as also the cash deposit shall abide by the result of the appeals pending before the Tribunal.
Affidavits not having been called for, the allegations in the writ petition shall be deemed not to have been admitted.
All parties are to act on a signed photostat copy of this order on the usual undertakings.
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( INDIRA BANERJEE, J) cs.