BANSAL BROTHERS Vs. DEPUTY SECRETARY

JUDGEMENT

(1.) The petitioner has filed this petition under Art. 226 of the Constitution of India praying for quashing and setting aside the order of the Deputy Secretary dated 14-11-1991 in Appeal No. 139 of 1989 and the order of the Deputy Civil Supplies Officer dated 9-2-1989. The petitioner has prayed for an interim relief restraining the respondents from encashing the Bank guarantee furnished by the petitioner on 13-4-1989.

(2.) Notice was issued by this Court on 27-5-1992 and ad-interim relief was granted in terms of Para 6(B) of the petition. Thereafter, on 9-3-1994, amendment as prayed for by the petitioner was allowed, Rule was issued and ad-interim relief granted earlier was confirmed. The Court has passed further order on 23-11-2009 observing that the Bank guarantee furnished by the petitioner has expired and the petition has become infructuous, however, with a view to enable the learned Counsel to verify, the matter was adjourned to 1-12-2009. The Court has passed further order on 18-1-2010 recording submission of the learned A.G.P. on the basis of the instruction received from the Civil Supplies Inspector, Jamnagar that the Bank guarantee was not renewed. The Court, therefore, made it clear that if by next date of hearing, the renewed Bank guarantee was not placed on record, the matter would be dismissed. On 8-2-2010, further order was passed by the Court giving last chance to the petitioner to place renewed Bank guarantee on or before 25-2-2010. Accordingly, Bank guarantee was got renewed on 24-2-2010 and xerox copy thereof is place on record.

(3.) In the above background of the matter, the petition was taken up for final hearing.