M/S. Tapaswi Infra Projects India ... vs Andhra Bank
2021 Latest Caselaw 1224 Tel

Item No.53




        THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                           AND
        THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                         W.A.No.104 OF 2021

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)

1.      On the last date of hearing, as none was present on behalf of

the appellant, the matter was re-notified for today.       On that day,

Mr. S.Ravi, learned Senior Advocate appearing for the respondent

No.2 had stated that the present appeal had been rendered infructuous,

inasmuch as the four bank guarantees in question had already been

encashed on 22.03.2021.

2. Today, on confronting learned counsel for the appellant with

the above position, he does not deny the fact that the bank guarantees

in question have already been encashed. He only states that certain

legal issues have arisen that need to be adjudicated.

3. We decline to go into the said aspect when the appeal itself has

been rendered infructuous on encashment of the bank guarantees.

Needless to state that the pleas taken in law by the appellant in the

present appeal, shall be kept open for arguments in an appropriate

case.

4. The present appeal is disposed of along with the pending

applications, if any.

_________________ HIMA KOHLI, CJ

______________________ B. VIJAYSEN REDDY, J 16.04.2021 Lrkm