- (1.) The petitioner is aggrieved by failure of the respondents to release duty credit scrips and prays for issuance of a writ in the nature of mandamus directing the respondents Directorate of Revenue Intelligence, Ludhiana and Director General of Foreign Trade to release the duty credit scrips due to the petitioner. We had considered the matter in detail and vide order dated 29-9-2014, recorded the following prima facie opinion:- "We have heard counsel for the parties and perused the paper book and rather mystified at the manner in which the Directorate of Revenue Intelligence is functioning as for the last more than two years, there does not appear to be any substantial progress. The law does not countenance an indefinite inquiry, and as no satisfactory reply is forthcoming, we are constrained to direct Mr. Sunish Bindlish, Advocate for respondent No. 3 to seek instructions with respect to the release of duty credit scrips on such terms and conditions as may bind the petitioner to discharge any liability that may subsequently be apportioned upon conclusion of the inquiry."
(2.) Counsel for the Directorate of Revenue Intelligence submits that he has instructions to state that duty credit scrips shall be released to the petitioner on such terms as this Court may deem appropriate. Counsel for respondent No. 2 endorses the statement made by counsel for the Directorate of Revenue Intelligence.
(3.) We have duly considered the matter and after considering various options put forth by counsel for the parties record, on the basis of a consensus, that duty credit scrips due to the petitioner shall be released in the following terms:- The Directorate General of Foreign Trade shall while releasing amount due towards duty credit scrips withheld 50% of the amount due. The amount of 50% to be withheld shall be calculated by including any amount voluntarily deposited by the petitioner, lying with the Directorate of Revenue Intelligence. The balance 50% amount shall be secured by the petitioner furnishing, in advance, his personal surety duly supported by personal guarantees of two other persons.;