M/S. Pacifica (India) v. Oriental Cusines P Ltd

O.S.A.No.112 of 2018 O.S.A.No.112 of 2018 R.MAHADEVAN, J.

and T.V.THAMILSELVI, J.

[Order of the Court was made by T.V.THAMILSELVI, J.,] The learned counsel for the respondent needs clarification with regard to the Bank Guarantee submitted by them as per the order passed by this Court on 31.10.2018, wherein, for withdrawal of the deposited amount, the sole respondent has to Furnish Bank Guarantee to the satisfaction of the Registrar General of this Court. The order dated 31.10.2018, in this regard reads as under; "....4. This Court, taking note of the rival submissions, is of the view that, for withdrawal of the deposited amount, the sole respondent has to furnish a Bank Guarantee to the satisfaction of the Registrar General of this Court, and it is also made clear that furnishing of the Bank Guarantee and withdrawal of deposited amount, is subject to the result of this appeal...." 2.

Accordingly they furnished Bank Guarantee bearing BG No.0003619FBG024648, dated 30.11.2019, for a sum of Rs.1,00,00,000/- (Rupees One Crore only), which was received and kept in custody of the Registrar General. While dismissing the OSA.No.112 of 2018 on 07.06.2022, there was no direction with regard to the above said Bank Guarantee and still it remains in the safe custody. Hence, learned counsel prays to discharge the said Bank Guarantee due https://www.mhc.tn.gov.in/judis to dismissal of the appeal.

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O.S.A.No.112 of 2018 R.MAHADEVAN, J.

and T.V.THAMILSELVI, J.

rri 3.

The reason assigned by the respondent is acceptable. Accordingly, the Bank Guarantee furnished by the respondent is ordered to be terminated and the Registrar General is directed to hand over the Bank Guarantee to the respondent within a period of two weeks from the date of receipt of a copy of this Order. (R.M.D., J) (T.V.T.S., J) 14.07.2023 rri O.S.A.No.112 of 2018 https://www.mhc.tn.gov.in/judis 2/2