JUDGMENT:

1. By the present Writ Petition, Petitioner has prayed for the following two reliefs:-

“a. That this Hon’ble Court be pleased to call for the records and proceedings of Notice of Motion No.1707 of 2019 and Application at Exhibit “4” in Commercial Suit No. 3 of 2019 pending before the Hon’ble City Civil Court at Mumbai and on appreciating the merit of the same be pleased to quash and set aside the impugned Order dated 08/04/2021 passed in Application at Exhibit “4”, on such terms and conditions as this Hon’ble Court may deem fit and proper;

d. Direction to the Respondent for return of original Performance Bank Guarantee No. 0429818BG0000061 dated 27/04/2018 to Petitioner for submitting the same to the issuing Bank for cancellation/release of the same.”

2. In so far as prayer clause ‘d’ is concerned, both parties are ad idem that the Performance Bank Guarantee has expired. Petitioner fairly does not press for the same. Petitioner is the Plaintiff and Respondent is the Defendant in Commercial Suit No.3 of 2019 filed before the Bombay City Civil Court at Mumbai (for short “the