SUFAL HALDER Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an interlocutory application in aid of the above suit seeking a restraint order upon the defendant not to invoke the bank guarantee being Annexure C to the petition starting from page 179 thereof. This bank guarantee is valid till 7th December, 2015.

(2.) The guarantee was furnished by the plaintiff pursuant to a works contract between the parties. The work to be done by the plaintiff was construction of a 12 k.m. road. The work order was issued by the defendant on 7th October, 2009. The contract had to be performed within a period of nine months from the date of issuance of the work order, excluding the rainy season.

(3.) The special equity on which the plaintiff wants the restraint order is that no part of the land on which the road was to be constructed was made available by the defendant to them. This is disputed in its entirety by the learned Counsel representing the State. It is submitted on their behalf that the plaintiff was able to do earth work, UC piling work and construct three culverts on a 9 Km. stretch of the land which was made available to them by the defendant. Reliance is placed on the letter of the defendant dated 31st March, 2011, being Annexure A to the petition at page 199 thereof.