IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 WP(C).No. 18749 of 2008(F) ----------------------------------- PETITIONER: PETITIONER ---------------------------------------- K.C. ABRAHAM, PROPRIETOR, KUNNATH PHARMACEUTICALS, KUNNATH H0USE, MUDAVOOR.P.O, MUVATTUPUZHA-69. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENTS: RESPONDENTS ---------------------------------------------- 1. UNION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI - 01. 2. THE COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS (APPEALS), COCHIN, COMMISSIONERATE C.R BUILDINGS, I.S. PRESS ROAD, KOCHI-18. 3. THE JOINT COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS (APPEALS), COCHIN COMMISSIONERATE, C.R BUILDINGS, I.S. PRESS ROAD, KOCHI-18 4. THE ASSISTANT COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS, MUVATTUPUZHA DIVISION, MUVATTUPUZHA-69. 5. BANK OF INDIA, MUVATTUPUZHA BRANCH, VELLOORKUNNAM MARKET.P.O, MUVATTUPUZHA-69, REP. BY ITS SENIOR BRANCH MANAGER. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P (C) .No. 18749 of 2008 ================== Dated this the 1st day of July, 2008. J U D G M E N T The petitioner is aggrieved by the action of the 4th respondent in encashing the bank guarantees furnished as security for central excise dues from the petitioner, although the period provided under the Central Excise Act for filing appeal against the Ext.P1 order for realising amounts assessed under which the bank guarantees are sought to be encashed, is yet to expire. The petitioner now submits that the petitioner would be filing an appeal along with a stay petition within the limitation period prescribed for filing appeal and therefore it would be totally unjust for the 4th respondent to encash the bank guarantees in the meanwhile. 2. The learned Assistant Solicitor General appearing for the 4th respondent submits that, if the petitioner files the appeal and stay petition within the limitation period W.P (C) .No. 18749 of 2008 - 2 - prescribed, the bank guarantees would not be encashed provided the petitioner keeps the bank guarantees alive. The learned counsel for the petitioner points out that the bank guarantees are valid till 2009. In view of the above statements, I dispose of this writ petition with the following directions. 3. The petitioner shall file the appeal and stay petition proposed to be filed within the period of limitation prescribed for the same and move stay petition immediately thereafter. Till orders are passed on the stay petition the 4th respondent shall not encash the bank guarantees provided the petitioner continues to keep the bank guarantees alive. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE rhs