interim protection granted
against encashment of the bank guarantee towards
mobilization advance can be continued on
condition that the bank guarantee is kept alive ... encash the bank guarantee. It is further
observed and directed that in the event the bank
guarantee is continued and the condition is
complied with
also furnishing
bond for the full value of goods with 25% bank
guarantee. The petitioners have deposited a sum of
Rs.10,04,049/- towards ... also gave bank guarantee of
Rs.17,25,000/-.
5. DRI authorities continued inquiries and summoned
the petitioners for recording statements and collected
documents. Eventually
subject to the
condition that the applicant shall furnish Bank Guarantee in favour of
Controller of Defence Accounts (AF), New Delhi, within three weeks ... Division Bench may be continued till then. The appellant is ready to
renew the Bank Guarantee that has been furnished if it has not been
respondent has already taken a
decision to hand over the bank guarantee to the petitioner
company within a short time. In that view ... disposed of accordingly. However, the interim relief
granted earlier shall continue till the bank guarantee is
handed over to the petitioner.
(K.S.JHAVERI
Bombay Land Revenue Code and the
Rules framed thereunder as the Bank Guarantee given
Page 4
C/SCA/8147/2010 ORDER
by the institute ... amount, apart from the aspect that the
guarantee, which was otherwise required to be
continued, has lapsed in 2007 on account of no proper
action
furnished the
bank guarantee with respect to luxury tax due and payable
quarterly from time to time and furnish the bank guarantee of total
amounting ... appears that thereafter
instead of furnishing the bank guarantee, the petitioners continued
to pay luxury tax due and payable under the Act on and from
respondent No.1 has instructed the bank to encash the bank
guarantee in favour of the appellant No.1 and therefore, appellant is
before this ... invoke the suit bank guarantee in question till
the hearing of injunction application, it would be appropriate to
continue such position till next date
1143/2014 ORDER
appropriate bank guarantee. However, till then, bank guarantee
which is furnished is to be taken on record and accepted by Registry
without ... force till further
orders on condition that the applicant shall continue to the bank
guarantee till disposal of the appeal.
Pursuant to the order dated
HONOURABLE MR.JUSTICE M.R. SHAH)
Instead of returning the bank guarantee deposited by
the applicant with the trial Court, so as to protect ... bank guarantee subject to obtaining any
order from the higher forum, it is directed that the bank
guarantee, which is furnished earlier be continued till
respondent has already taken a
decision to hand over the bank guarantee to the petitioner
company within a short time. In that view ... disposed of accordingly. However, the interim relief
granted earlier shall continue till the bank guarantee is
handed over to the petitioner.
(K.S.JHAVERI
