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2021 Supreme(Del) 446

JAYANT NATH
Larsen & Toubro Limited – Appellant
Versus
Punjab National Bank – Respondent


Advocate Appeared:
For the Petitioner: Mr.Neeraj Kishan Kaul, Sr.Adv. with Mr.Rishi Agrawala, Mr.Karan Luthra, Ms.Megha Bengani, Mr.Deepak Joshi and Mr.Aakash Lamba, Advs.
For the Respondent:Mr.Dhruv Mehta, Sr.Adv. with Mr.Rajesh Gautam, Mr.Anant Gautam and Mr.Nipun Sharma, Advs., Dr.Lalit Bhasin, Ms.Nina Gupta, Ms.Ananya Marwah, Ms.Ruchika Joshi and Mr.Ajay Pratap Singh, Advs., Mr.Ramesh Babu, Ms.Nisha Sharma and Ms.Tanya Chowdhary, Advocates

JUDGMENT :

JAYANT NATH, J.

1. This writ petition is filed by the petitioners seeking the following reliefs:

    “(a) Issue a Writ, Order or Direction in the nature of Certiorari or any other Writ, Order or Direction of like nature quashing and setting aside the letters dated 18.08.2018 and 28.03.2019 both issued by Respondent No.1 to Petitioner No.1 directing the Petitioners that the Claim period in the Bank Guarantee must be for at least 12 months;

(b) Issue a Writ, Order or Direction in the nature of Certiorari or any other Writ, Order or Direction of like nature quashing and setting aside the letter dated 10.02.2017 bearing reference No. Legal/Cir2102/BG Opinion and letter dated 05.12.2018 issued by Respondent No.2 to all Member Banks in relation to the minimum period for lodging a claim with the Bank under the Bank Guarantee;

(c) Issue a Writ, Order or Direction in the nature of Mandamus or any other Writ, Order or Direction of like nature directing the Respondents to discard any interpretation of Section 28(b) read with Exception 3of the ICA which prescribes a minimum period of 12 months of validity, for making a demand by a Creditor of a Contract of Guarantee under Section 126 of the

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