PARMANAND AGARWAL Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(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.