IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2050 OF 2009 M/s.Gaurav Sales Corporation & ors. ... Petitioners. V/s. Union of India and others. ... Respondents. Ms.Kiran Doiphode i/b. M/s.V.M.Doiphode & Co. for the petitioners. R.V.Desai, senior counsel with R.B.Pardeshi for the respondents. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 12th November 2009. P.C. : Heard learned counsel for the petitioners and learned counsel for the respondents. Perused petition. 2. Learned counsel for the respondents has filed undertaking dated 5th November, 2009 that they will deposit the amount of Rs.17.61 lakh with the same bank from which bank guarantee was issued and encashed by the department. In the event of such deposit, the petitioner undertakes to furnish fresh bank guarantee. In this view of the matter, orders are not necessary on the merits of the petition. However, we expect the department to follow their own guidelines in the matter of bank guarantee and also the judgment of this Court in the case of Ocean Driving Center Ltd. v. Union of India, 2005 (180) ELT 313 (Bom.). Since it is brought to our notice that the department is not following their own guidelines as well as the judgment of this Court, the respondents are put on notice that in future, if this Court notice that the respondents have encashed bank guarantee without following the guidelines and judgment of this Court, a serious view of the matter would be taken and the officer encashing the bank guarantee will be personally held liable for the preach of the order and circular. 3. Mr.Desai, learned senior counsel appearing with Mr.Pardeshi for the respondents undertakes to communicate this order to the head of the concerned departments who, in turn, shall communicate the same to the concerned officers. 4. Writ petition is disposed of in terms of this order with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA J.)