Expired Bank Guarantees could not be enforced belatedly through a writ petition

Commissioners of Customs (Export) Vs Bank of India & Anr. (Bombay High Court) Conclusion: Expired bank guarantee couldn’t be enforced post CIRP (corporate insolvency resolution process) as no claim was lodged by authority during the validity period of the guarantee. Held: Commissioner of Customs filed a writ petition under Article 226 seeking a mandamus directing the respondent Bank to pay ₹1,95,41,000 secured under four Bank Guarantees. Authorities argued that the bank/respondent at whose request the Bank Guarantees were provided, had gone into CIRP and the claim during CIRP was r...