IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY THE THIRTY FIRST DAY OF MARCH, TWO THOUSAND AND EIGHT :PRESENT: THE HON'BLE SRI JUSTICE B.PRAKASH RAO AND THE HON'BLE SRI JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 6956 of 2008 Between: M/s. Prime Mineral Exports Private Limited, F-1, 1st Floor, Oceanic Apartments, Behind Hanuman Temple, Miramar, Panaji, GOA - 403 001, Rep. by its Director, Mr. Melvin Francis Da Silva. ..... Petitioner AND 1. The Assistant Commissioner of Customs, Beach Road, Kakinada, East Godavari District, Andhra Pradesh. 2. Syndicate Bank, Hotel Nava Goa Building, A.B. Road, Panaji, Goa - 403 001, Rep. by its Branch Manager. .....Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue any Writ, order or direction most particularly in the nature of Writ of Mandamus, declaring the order in Original NO. 2 of 2008 dated 17-3-2008 passed by the 1st respondent confirming the demand of differential duty and ordering for encashment of bank guarantees as illegal, arbitrary, unjust and violative of the provisions of Sec. 128 of Customs Act, 1962, and in violation of the constitutional rights guaranteed under the Art 19(1)(g) of Constitution of India; The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and upon hearing the arguments of Sri Kodanda Ram, Advocate for the Petitioner and of Srin A. Raja Sekhar Reddy, Asst. Solicitor General for the Respondent No. 1 and of Sri Deepak Bhattacharjee, S.C. for Syndicate Bank on behalf of the Respondent No. 2, the Court made the following ORDER: “The Writ petition is disposed of directing the respondents herein not to give effect or take any coercive steps, in any manner, whatsoever, in pursuance of the said orders passed in Original No. 2 of 2008, dated 17-03-2008, till 27-05- 2008, including the encashment of the bank guarantee, which has been extended till 22-08-2008 in favour of the 2nd respondent. No costs.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Assistant Commissioner of Customs, Beach Road, Kakinada, East Godavari District, Andhra Pradesh. 2. The Branch Manager, Syndicate Bank, Hotel Nava Goa Building, A.B. Road, Panaji, Goa - 403 001. 3. One CC to Sri C. Kodanda Ram, Advocate (OPUC) 4. Two CCs to Sri A. Raja Sekhar Reddy, Asst. Solicitor General, High Court of A.P., Hyderabad (OUT) 5. One CC to Sri Deepak Bhattacharjee, Advocate (OPUC) 6. One spare copy. BV