IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 3608 of 2009 Between: M/s. Cubex Tunings Limited Rep. by its Executive Director, Mr. U.M. Bhandari Near IDA., Phase V, Patancheru, Medak Dist., A.P. Having its Registered Office at No.1-7-24 to 37, Shyam Towers, United Buildings, Near Paradise Circle, Secunderabad. ..... PETITIONER AND 1 The Commissioner, Office of the Commissioner of Customs & Central Excise Hyderabad - I, Commissionerate, L.B. Stadium Road, Basheer Bagh, Hyderabad - 4. 2 The Asst. Commissioner of Customs & Central Excise Division A::3rd Floor, CLS. Building, Nampally Station Road, Hyderabad. 3 M/s. Indusind Bank Limited Rep. by its Branch Manager "Laxmi" 100, Sardar Patel, Begumpet, Secunderabad. 4 M/s. Citi Bank N.A. Rep. by its Branch Manager Queen's Plaza, S.P. Road, Begumpet, Secunderabad-3. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly in the nature of writ of mandamus, declaring the action of the 2nd respondent in proceedings Nos. C.No.IV/05/22/2008-Bonds dated 16-2-2009 directing the 3rd and 4th respondent for encashment of bank guarantees before 1 the expiry of the statutory period of appeal under Section 35B of Central Excise Act, 1944 as contrary to the direction in Board Circular NO. 788/21/2004/Cx dated 25-5-2004. Counsel for the Petitioner: M/S. C.KODANDA RAM Counsel for the Respondent Nos.1 and 2: MR. A. RAJASHEKAR REDDY (ASST. SOLICITOR GENERAL) Counsel for the Respondent Nos.3 and 4: N.A. The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) Heard the learned Advocates. 2. The learned Advocates have submitted that on the subject matter of this petition, an appeal has also been filed before the Central Excise, Customs and Service Tax Appellate Tribunal (CESTAT) and the appeal is to be notified for hearing on 22.5.2009. Along with the appeal, an application for stay of recovery of the amount in question has also been filed and the said application is also to be heard on 22.5.2009 by CESTAT. 3. In the circumstances, as the petitioner has already availed equal efficacious alternative remedy, the petition is disposed of with no order as to costs. However, in the interest of justice, ad interim relief granted earlier is ordered to be continued till 25.5.2009. ANIL R. DAVE, CJ RAMESH RANGANATHAN, J 06-04-2009 bnr