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Orissa HC Orders Release of Bank Guarantee in GST Case

Case Law Details

TaxGuru Citation
2025 taxguru.in 1200
Case Name
Narayan Sahu Vs State of India and others (Orissa High Court)
Date of Judgement/Order
Only available for paid members
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Narayan Sahu Vs State of India and others (Orissa High Court)

Narayan Sahu filed a writ petition before the Orissa High Court challenging the detention of goods for which he was the consignee. During the proceedings, the consignor, M/s. S.A. Sugandh Private Limited, successfully obtained a court order setting aside the demand and penalty imposed by the GST authorities. In the interim, Sahu had furnished an unconditional bank guarantee as per a court directive on November 22, 2024, to secure an interim release of the goods. Given the consignor’s successful appeal, Sahu’s counsel sought a direction for the release of the bank guarantee.

The Orissa High Court, considering the consignor’s favorable judgment, ordered the Registrar (Judicial) to release the bank guarantee to Sahu or his authorized agent upon submission of a certified copy of the order. With this directive, the court disposed of the writ petition.

FULL TEXT OF THE JUDGMENT/ORDER OF ORISSA HIGH COURT

1. Mr. Gupta, learned advocate virtually appears on behalf of petitioner and submits, his client is consignee in respect of the goods detained. The writ petition was filed challenging the detention. In the meantime, the consignor was successful in having the order of demand and penalty set aside. He causes handing up of order dated 12th December, 2024 in WP(C) no.31019 of 2024 (M/s. S.A. Sugandh Private Limited, Sambalpur v. Chief Commissioner of CT & GST, Odisha and others).

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,758

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