COMMISSIONER OF CUSTOMS (EXPORT) DEEC (MONITORING CALL) vs BANK OF INDIAN AND ANR.

Judgment text excerpt

5.WP-620.21.DOCX ppn IN THE HIGH COURT OF JUDICATURE AT BOMBAY Digitally signed ORDINARY ORIGINAL CIVIL JURISDICTION by PRACHI PRACHI PRANESH PRANESH NANDIWADEKAR NANDIWADEKAR Date: 2025.08.07 WRIT PETITION NO.620 OF 2021 16:46:43 +0530 Commissioners of Customs (Export) … Petitioner Versus Bank of India & Anr. … Respondents ______________________________________________________ Ms Maya Majumdar a/w Ms. Akanksha Shukla for the Petitioner. Mr Anant B. Shinde for Respondent No.1. ______________________________________________________ CORAM : M.S. Sonak & Jitendra Jain, JJ. DATED : 6 August 2025 Oral Judgment (Per M.S. Sonak, J.) 1. Heard and learned counsel for the parties. 2. The Commissioner of Customs has instituted this writ petition seeking the following substantive reliefs: - “(a) Rule be issued (b) This Hon'ble Court be pleased to issue a Writ of Mandamus under Article 226 of the Constitution of India directing the Respondent No. 1 to pay total amount of Rs 1,95,41,000/- Rupees One Crore Ninety Five Lakhs Fourty One Thousands only secured by it under 4 Bank Guarantees [Exhibit-"C(Colly)"] to the petitioner.” 3. Ms. Majumdar, the learned counsel for the petitioner, refers us to the Bank Guarantees at Exhibit “C(colly)”. She submits that the wording of all these Bank Guarantees is identical. She further submits that these Bank Guarantees state that they shall continue and shall not be revoked by the Page 1 of 6 5.WP-620.21.DOCX surety during their currency without the consent of the Commissioner of Customs. She submits that the Bank Guarantee should be regarded as the personal guarantee of the Bank. 4. Ms. Majumdar submitted that although the 2nd respondent, at whose request the Bank Guarantees were provided, has gone into CIRP and the petitioner's claim during CIRP w