M/S. Vijai Electricals Ltd v. State Bank Of India
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132521 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 33277 OF 2023 Between:
M/s. Viiai Electricals Ltd, lncorporated under the provisions of companies Act, igso iii tnoii, witfr Having iis Registered offiie at 6-3-648i1 and 2, Raj afrivan noacJ, Somaligudi, uyOerabad - 500 082- Telangana, lndia' Represented by authorized representative ...'ETIT'ONER AND State Bank of lndia, Commercial Client Group Branch, D.No. 8-2-684/2/4' Anino einiro Colonv, Road No. 12,BanjarA Hills, Hyderabad-s0O 034, Telangina.'Rtso at- Siate Bank of lndia G 997 -h 85, Suniti thatterjee, siiini coipirk, Hindustan Park, Kalighat' Kolkata- 7oo o29' West Bengal Swift Code- SBININBBFXD SoCi"te G"n"rrle, The Head of the lnternational Bank Guarantee-Department, lniernational Bank Guarantee Division, 17 Cours Valrn;y,92972' Puteaux, Paris, France.
eanole t taiionate. D Alqerie Department of lnternational Relations and Foreion Trade. 12. Routil oE Mdftah-Qued Smar-Alger, Also at, Banque r.fitioiare onrberib Head office, 8, Boulavard Erneslo Che Guevera' Alger R.C., Alger 84 B 178 PP 10-lmP.
Son6tga?-Engineering SPA, R6gistered in the commercial -register under f.to. f O"IOO-ogz"g1 7980!, having iIs head office at building of 600 offices, National Road No 38, Fort of Constantine, Algiers' represented by uhalrman and Chief Executive Officer Mr. Yazid Djellouli. ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to pass an order or orders, direction or writ more particularly one in the nature of writ of Mandamus to declare the action of the Respondent No.1 in make any payments under the subject Performance Bank Guarantee having Reference Number 1303918FG0000715 dated 24t1012018 amounting usD.10,',t84,062/- expiring on 311o3t2o24 to the Respondent No.2,pending any clarification as to reason for encashment pursuant to the swlFT/ Letter dated 06.12.2023 is illegal
and arbitrary and consequently restraining the Respondent No.1 from releasing the any payments under the subject Performance Bank Guarantee. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No. 1 -bank not to release/pay any amounts under the Performance Bank Guarantee having Reference Number, 13039.'18 G0000715 daled 24l1Ol2Ol I amounting US D .1 0, 1 84,062i- expiring on 31 10312O24. Counsel for the Petitioner: SRt K.KEERTIVARDHAN REDDY Counsel for the Respondents: -- The Court made the following: ORDER
HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT P TITION No.33277 ot 2023 ORDER:
Mr.K.Keerthi Vardhan Reddy, the learned counsel appearing on behalf of petitioner brings on record the letter I I dated 28.12.2023 of the Petitioner and also a letter dated 28.L2.2023 addressed to the Registrar (Judicial), High Court of Telangana at Hyderabad of the learned counsel for petitioner that the petitioner intends to withdraw the writ petition.
2.
A bare perusal of the letter dated 28.12.2023 addressed to the Registrar (Judicial), High Court of Telangana at Hyderabad indicates that the petitioner in the present Writ petition intends to withdraw the writ petition and hence, taking into consideration the contents of the letter of the petitioner dated 28.12.2023 and also the submissions of the learned counsel appearing on behalf of the petitioner, the W.P.No.33277 of 2023 is dismissed as withdrawn. However, there shall be no order as to costs.
Interim orders granted by this Court on 07.12.2023, shall also stands vacated.
Miscellaneous petitions, if any, pending shall stand closed. SD/- P.Ch. NAGABHUSHAMBA //TRUE COPY// ASSISTAN REGI R SECTION OFFICER To 9nu 99 !o SRI K.KEERTTVARDHAN REDDY, Advocate tOpUCI Two CD Copies PSK.
GJP
HIGH COURT DATED:2911212023 ? 'i 'i Ln/, () G17,
ORDER
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WP.No.33277 of 2023 -\ .(, * ti'JiH c DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS.
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