MANAGING DIRECTOR, SHAHABAD DUGDH UTPADAK SAHKARI SANGH LTD Vs. ENGINEERING (INDIA) LTD (GOVERNMENT OF INDIA ENTERPRISES)

JUDGEMENT

(1.) Heard Mr. Nikesh Kumar, learned counsel for the appellants and Mr. P.K. Shahi, learned Senior counsel appearing for the respondent assisted by Mr. Vikash Kumar, Advocate on record.

(2.) In the nature of order that we propose to pass it is not found necessary to delve into the merits of the challenge because of the development that have taken place since after this appeal was taken up on 18.01.2019 and the issue raised on behalf of the appellant to assail the order of the learned District Judge, Patna, noted, which practically resolves the issue so raised by the respondent before the court below through miscellaneous case in question.

(3.) Mr. P.K. Shahi, learned Senior counsel appearing on behalf of the respondent did make a submission that the respondent was willing to remit the amount equal to the Bank Guarantees so executed through RTGS in the account of the appellants and whereupon there would be no occasion for the appellants to seek encashment of the Bank Guarantees nor would invite an opinion from this Court on the inter party merits. It was also the submission of Mr. Shahi that this concession of the appellants would be without prejudice to right of the respondent to assail the order rescinding the contract before the appropriate forum in an appropriate application.