SATYA BRATA SINHA
TATA CONSTRUCTION AND PROJECTS LTD. – Appellant
Versus
STEEL AUTHORITY OF INDIA LTD. – Respondent
( 1 ) THE petitioner in this writ application has, inter alia, prayed for issuance of a writ of or in the nature of mandamus directing respondents Nos. 1 and 2 to restore the three bank guarantees upon payment-back by respondent No. 1 to respondent No. 2 of the sum received upon recovering the relevant debt entries in the account of the petitioner with defendant No. 2 forthwith.
( 2 ) THE fact of the matter is not much in dispute. The petitioner obtained a purchase order from respondent No. 1, Steel Authority of India, on December 12, 1985, and for the purpose of execution of the said contract it received advances from the said respondent, upon furnishing three bank guarantees executed by respondent No. 2 in favour of respondent No. 1, the details whereof are as follows :
TABLE
Sr. No. Purpose Bank guarantees No. date Amount (Rs.) Initial period of validity Extended period 1. Against 10% of supply value towards approval of GA drawings 2. Against 10 per cent. of contract value in respect of advance for mobilisation and/ or delivery of materials. 3. Towards security deposit amounting to 5 per cent. of the total value. 10/77 1-7-1986 35,01,000
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