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Rajeev Gupta (Manager)     18 October 2012

Bank guarantees in favour of custom & excise

We have issued bank guarantees in favour of Central excise & customs in 2000 and surety was Fixed deposit. Now the unit has closed and company merged with another company, we want to withdrawal/release our Fixed deposit, beneficiary has not lodged any claim yet. bank is not releasing FD saying that bank has lien or hold on the FD. Please suggest.


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 3 Replies

Prasun Chandra Das (Banker)     18 October 2012

Please arrange for the original BG alongwith amendments to be returned by the beneficiary to the Bank. Only then can Bank close the BG and release the margins.

Rajeev Gupta (Manager)     18 October 2012

thanks for reply, but i visit the custom office many times , they are not able to find out out our file as the matter is old and there is all manual system.

Prasun Chandra Das (Banker)     19 October 2012

I know this is the practical problem faced by virtually all the BG applicants where BG is issued in favour of Govt depts. Pls talk to your bank and ask if they can close the BG and release margin if the beneficiary writes a letter to the bank saying that "there is no claim on the BG and the bank is relieved of its liabilities under the BG". If the bank agrees to closing the BG and releasing the margin on the basis of such a letter (without the original BG being submitted), pls pursue with the Customs people to write such a letter. They will not do it, so write such a letter on a plain piece of paper, take that letter to them and get the Customs officer's signature and stamp on the letter. Arrange for dispatch of the letter from the Customs office (if the bank insists that letter should be addressed to the bank and should be sent directly to the bank). You will have to arrange for some chai-pani but as a Banker dealing in BGs, I can tell you that there is no alternative.


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