The Food Corporation Of India And ... vs M/S. Sri Siva Sai Enterprises And 3 ...
2023 Latest Caselaw 856 Tel

         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).

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.

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