Tamilnadu Transmission v. Southern Power Equipment Company Pvt.Ltd.,

In W.P.No.9823 of 2023 M.DHANDAPANI,J.

This miscellaneous petition has been filed seeking to clarify the order dated 30.03.2023 made in W.P.No.9823 of 2023. 2.This petition has been filed by the Tamil Nadu Transmission Corporation Limited on the ground that this Court vide order dated 30.03.2023 allowed the writ petition by observing the submission made by the learned counsel appearing for the writ petitioner that subsequent to the issuance of the letter dated 25.11.2022, impugned in the writ petition, the writ petitioner had extended the Bank Guarantee upto 31.08.2024 and hence the impugned letter does not survive. Such observation created confusion in the mind of the petitioners herein.

3.In view of the above, paragraph nos.8 and 9 of the order dated 30.03.2023 made in W.P.No.9823 of 2023 is modified as follows:

"8.It is fairly submitted by the 1/3

learned counsel for the petitioner that subsequent to the issuance of the present impugned letter of the second respondent dated 25.11.2022, the petitioner/ company had extended the Bank Guarantee worth Rs.40,42,783/- upto 31.08.2024. In view of the said extension of the Bank Guarantee, return of Rs.40,42,783/- does not arise.

The respondent Corporation is at liberty to proceed in the manner known to law with regard to the contractual obligations.

Equally, liberty is granted to the petitioner to work out the remedy in the manner known to law.

9.The writ petition is disposed of with the above directions. No costs.

Consequently, connected miscellaneous petition is closed."

4.This petition is accordingly ordered.

13.09.2023 pri 2/3

M.DHANDAPANI,J.

pri In W.P.No.9823 of 2023 13.09.2023 3/3