Heard Mr.Hari Radhakrishnan, learned counsel for the petitioner and Mr.S.R.Sundar, learned Senior Standing counsel appearing for the respondent.
2.The petitioner has filed this writ petition challenging an order passed by the respondent stating that if the petitioner does not produce the export obligation discharge certificate from the concerned Joint Director General of Foreign Trade on or before 05.01.2015, the bank guarantee executed by the petitioner will be enforced without any further intimation to the petitioner and in case, the bond is already discharged, the petitioner was requested to forward a copy of EODC/ Redemption letter issued by JDGFT. The JDGFT has issued a Redemption letter dated 07.06.2017 certifying that the petitioner has discharged the export obligation. As a consequence of which, the respondent has issued an Office Note dated 06.07.2017 stating that they are processing the cancellation of the bond based on the Redemption letter given by the JDGFT, Bangalore.
3.The learned counsel for the petitioner would submit that the petitioner has furnished a bank guarantee for a sum of Rs.10,68,112/-, since the petitioner has fulfilled the export obligation, there will be a direction to the respondent to issue appropriate letter for cancellation of the bank guarantee to the Axis Bank Limited, who had furnished the guarantee with copy marked to the petitioner.
4.The learned Senior Standing counsel appearing for the respondent, on instruction, submits that the bond has been cancelled today (i.e. 13.11.2017).
5.In the light of the above, there will be a direction to the respondent to issue appropriate letter as referred above, cancelling the bank guarantee, within a period of two weeks from the date of receipt of a copy of this order.
6.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
13.11.2017 Index : Yes/No Internet : Yes/No Speaking /Non-speaking order Sgl T.S.SIVAGNANAM, J.
Sgl To The Assessment Commissioner of Customs (DEEC) Officer of the Commissioner of Customs Custom House, No.60, Rajaji Salai Chennai 600 001.
W.P.No.438 of 2015 13.11.2017