JUDGMENT :

V.P. Patel, J.

1. This Petition is filed by the Petitioner-Cargo Motors Pvt. Ltd. Company being aggrieved and dissatisfied with invocation of bank guarantee dated 27.12.2012 issued by Respondent No. 2-Bank of India, in favour of the Respondent No. 1-Gujarat Maritime Board, which is a body set up under Gujarat Maritime Board Act 1981 (fore short "GMB").

2. Heard Mr. Mihir J. Thakore learned Senior Advocate and Mr. P.C. Kavina, learned Senior Advocate with Mr. Rohan Lavkumar, learned Advocate for the Petitioner, learned Advocate Mr. G.H. Virk for Respondent No. 1-GMB and learned Advocate Mr. K.M. Parikh with learned Advocate Mr. Kuldeep K. Adesara for Respondent No. 2-Bank of India and perused the record and documents produced on record.

3. The Petitioner has prayed for the reliefs in para 38 of the petition which reads as under:

"(a) Issue a writ of mandamus, directing Respondent No. 1 to refund the amount of Rs. 17.5 crores to Respondent No. 2 for its wrongful and illegal invocation of the Bank Guarantee dated 27th September 2012, without fulfilling the necessary conditions stipulated therein;

(b) Issue a writ of mandamus, directing Respondent No. 2 to reverse the debit in the