THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.25367 of 2014 DATED:23.9.2014 Between:
Sreenidhi Organics Pvt. Ltd., Hyderabad.
And Assistant Commissioner of Customs, Chennai and another.
… Petitioner ….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.25367 OF 2014
ORDER: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
This writ petition has been filed aggrieved by the refusal of the respondent-authorities in issuing ‘No Objection Certificate’ to the petitioner enabling him to export vide Invoice No. Export: 03/2014-15, dated 11.8.2014.
It is submitted that there is no reason nor any legal provision for withholding the ‘No Objection Certificate’, which authorize official of the respondents to issue red alert as there has been dues against the petitioner in connection with Chennai Customs Authorities. The said authorities have issued a show cause notice for recovery of a sum of Rs.5,10,000/- plus interest and the said amount has not been paid. In view of the information supplied by the Chennai Customs Authorities in the computer and the same having not been paid, the ‘No Objection Certificate’ has been withheld.
Learned counsel for the petitioner submits that in view of the urgency, his client is prepared to secure the alleged amount of Rs.5,10,000/- by furnishing a bank guarantee in any nationalized bank.
We think that this approach is reasonable. We direct the respondent-authorities to issue ‘No Objection Certificate’ to the petitioner to enable the petitioner to make export of this shipment only on furnishing a bank guarantee in the amount of Rs.5,10,000/- in any nationalized bank of Hyderabad branch. Once the bank guarantee is furnished in favour of Assistant Commissioner of Customs, Shamshabad International Airport, R.R. District, Hyderabad, ‘No Objection Certificate’ shall be issued forthwith. This furnishing of bank guarantee will abide by the next course of action to be taken by the respondents. It would be open for the petitioner to question such recovery, if so advised, in accordance with law. If there is no due and outstanding which is required to be paid by the petitioner under law, then the bank guarantee shall be returned to the petitioner. If no action is taken by the petitioner within fortnight from the date of receipt of this order, the Bank Guarantee be enforced forthwith and proceeds be handed over to the first respondent.
The writ petition is accordingly disposed of. Pending miscellaneous applications, if any, shall also stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 23rd September, 2014 pnb