M/S Medical Products Services v. The Indira Gandhi Institute Of Medical Sciences And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 15629 of 2015 ====================================================== M/s Medical Products Services S/o Sri Kundan Lal Saini Resident of 14/3, West Patel Nagar, P.S. Patel Nagar, District Central, New Delhi. ... ... Petitioner/s

Versus

1.

The Indira Gandhi Institute Of Medical Sciences and Ors 2.

The Director, Indira Gandhi Institute of Medical Sciences, Sheikhpura, P.S. Shastri Nagar, District 3.

Canara Bank, IB Branch, 1/64, W.H.S. Kirti Nagar, New Delhi-110015 through the Branch Manager.

4.

The Branch Manager, Canara Bank, IB Branch, 1/64, W.H.S. Kirti Nagar, New Delhi-110015.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar @ Alok Kr Shahi For the Respondent/s :

Mr.Sheela Sharma ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner.

2. The writ petition is filed for issuance of Mandamus directing to respondent No. 1 and 2 not to encash the Bank Guarantee dated 29.06.2012, for an amount of Rs. 21,36,330/- issued by third Respondent and further for restrain respondent Nos. 3 and 4, for making any payment to the respondent No. 1 on the Bank Guarantee.

3. It is contended by learned counsel for the petitioner that the period of tender was from 19.04.2012 to 19.04.2015. In view of the counter affidavit filed by the respondent Nos. 3 and 4, the Bank Guarantee dated 19.04.2015, stands closed as

Patna High Court CWJC No. 15629 of 2015(10) dt.02-05-2024 2/2 invoked and it was lapsed in the year 2015 itself.

4. As the Bank guarantee got lapsed, the writ petition becomes infructuous. Therefore, the writ petition is dismissed as infructuous.

(G. Anupama Chakravarthy, J) manishkumar/- U