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

5.WP-620.21.DOCX ppn IN THE HIGH COURT OF JUDICATURE AT BOMBAY 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 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.