IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 WP(C).No. 27446 of 2008(P) -------------------------- PETITIONER: ----------------- GURUVAYUR HOTELS (P) LTD.EAST NADA, GURUVAYUR, REPRESENTED BY ITS EXECUTIVE DIRECTOR, P. AJAY. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENTS: ---------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI -110001. 2. THE COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS (APPEALS), COCHIN COMMISSIONERATE, C.R.BUILDING, I.S. PRESS ROAD, KOCHI-682018. 3. THE ASSISTANT COMMISSIONER OF CUSTOMS (GR.VII), CUSTOM HOUSE, KOCHI 682009. 4. THE JOINT DIRECTOR GENERAL OF FOREIGN TRADE, OFFICE OF THE JOINT DIRECTOR GENERAL OF FOREIGN TRADE, P.B.NO.1129, CHITTOOR ROAD, COCHIN - 682011. 5. THE FEDERAL BANK LTD., ANGADIPURAM BRANCH, PERINTHALMANNA, MALAPPURAM, REPRESENTED BY ITS BRANCH MANAGER. BY ADV. SRI.P.R.LESLIE STEPHEN FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.27446 of 2008 -------------------------- Dated this the 16th September, 2008 J U D G M E N T Heard Mr.A.K. Jayasankar, the learned counsel for the petitioner and learned standing counsel for the respondents. 2. Aggrieved by Exhibit-P1 order passed by the 3rd respondent, the petitioner has preferred Exhibit-P2 appeal before the 2nd respondent along with Exhibit-P3 application for dispensation with payment of duty and also for a stay of recovery of the amount demanded pursuant to Exhibit-P1. Orders are yet to be passed on Exhibit-P3. Petitioner is yet to be heard in this regard. In the meanwhile, by Exhibit-P4, there is a request on the part of the Assistant Commissioner of Customs to en-cash the bank guarantee furnished at the instance of the petitioner. Hence the writ petition. The appellate authority is bound to pass orders on the W.P ( C) No.27446 of 2008 2 interlocutory application filed along with Exhibit-P2 appeal. That has not been done so far. In the result, the writ petition is disposed of directing the second respondent to consider and pass orders on Exhibit-P3 within six weeks from the date of receipt of a copy of this judgment. En-cashment of the bank guarantee, as sought for in Exhibit-P4, shall be kept in abeyance for a period of three months from today and thereafter, it shall abide by the orders to be passed by the second respondent. (V.GIRI,JUDGE) ma W.P ( C) No.27446 of 2008 3 W.P ( C) No.27446 of 2008 4