THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.203 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. Dominic Fernandes, learned counsel for
the appellants and Mr. E.Madan Mohan Rao, learned
Senior Counsel for respondent No.1/writ petitioner.
2. This intra-court appeal is directed against the order dated 30.01.2023 passed by the learned Single Judge allowing W.P.No.37926 of 2022 filed by respondent No.1 as the writ petitioner.
3. Respondent No.1 had filed the related writ petition taking exception to the communication dated 29.09.2022 issued by the appellants to the Branch Manager of Canara Bank for encashing two bank guarantees of respondent No.1 in favour of Food Corporation of India (FCI). 2
4. We find that the two bank guarantees value of each being 40,40,000.00 were issued on 14.08.2020 with expiry date of 13.02.2023.
5. Learned Senior Counsel for respondent No.1 would submit that the above two bank guarantees were furnished by respondent No.1 in connection with another contract relating to handling and transportation at FSD, Peddapally. Appellants have sought to encash the bank guarantees for alleged default in carrying out the contract of handling and transportation at PWS Nagunoor.
6. Be that as it may, without entering into the merits, we find that validity of the bank guarantees has already expired. Therefore, we are of the view that there is no live issue involved in the writ appeal for adjudication. We make it clear that we have not expressed any opinion on merit and that it would be open to the appellants to avail their remedy in accordance with law.
7. Subject to the above, writ appeal is dismissed. 3
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ N. TUKARAMJI, J 20.02.2023 vs