CWP 11599 of 2019 1

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

CWP 11599 of 2019

Date of decision:21.08.2019

M/s Oster Knit Pvt.Ltd.

..............Petitioner

v.

Union of India and others

..............Respondents

Coram:

Hon'ble Mr.Justice Jaswant Singh

Hon'ble Mr.Justice Lalit Batra

Present:-

Mr.Jagmohan Bansal,Advocate for the petitioner.

Mr.Sunish Bindlish,Advocate for the respondents.

Jaswant Singh,J,

Petitioner-a private limited company imported one

consignment of blankets through Ludhiana Port and respondents

detained the said consignment by forming an opinion that the goods

in question were not blanket but fabric. The dispute regarding

classification of said consignment was decided by Customs,Excise

and Service Tax Appellate Tribunal vide order dated 28.8.2018

whereby appeal of the respondents was dismissed and classification

of consignment as claimed by the petitioner was upheld. In the

interregnum petitioner further imported three more consignments

which were released by respondents against bank guarantee

furnished by the petitioner. In the present petition, it is grievance of

the petitioner that the dispute having been finally adjudicated by the

Tribunal, the respondents are not releasing the bank guarantee

RAJINDER PARSHAD JOSHI

2019.08.22 10:19

I attest to the accuracy and

integrity of this document

CWP 11599 of 2019 2

furnished by it.

Notice of motion was issued.

On 19.7.2019 counsel for the respondents sought time

with the assurance that before the next date the respondents would

release the bank guarantee furnished by the petitioner.

At the time of hearing today, learned counsel for the

respondents has produced letter dated 20.8.2019 written by Assistant

Commissioner(Legal), office of Commissioner of Customs,Ludhiana

whereby it has been stated that the bank guarantees stand released

to the party. The said letter is taken on record.

Learned counsel for the petitioner who is present in Court

does not dispute the contents of the said letter and concedes that

the present writ petition has become infructuous.

Dismissed as infructuous.

(Jaswant Singh)

Judge

21.08.2019.

(Lalit Batra)

joshi

Judge

Whether

Speaking/reasoned

Yes/No

Whether Reportable

Yes/No

RAJINDER PARSHAD JOSHI

2019.08.22 10:19

I attest to the accuracy and

integrity of this document