OCEAN DRIVING CENTER LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) RULE, returnable forthwith. Heard by consent of parties.

(2.) PETITIONER is seeking directions to the respondent Nos. 1 to 3 not to encash the bank guarantee furnished by the petitioners on the basis of the order of provisional assessment to secure customs duty. Now, the respondents on, final assessment of duty have invoked the bank guarantee and requested the bank to remit the guaranteed amount. This action of the respondents is a subject matter of challenge in this petition.

(3.) THE contention of petitioner is that the respondent Nos. 1 to 3 should not be allowed to encash the bank guarantee before the expiry of the statutory period of 60 days available for filing appeal against the order of respondent Nos. 2 and 3 to the CESTAT along with a application for stay and/or waiver of predeposit. THE FACTS