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2021 Supreme(Guj) 946

J.B.PARDIWALA, VAIBHAVI D.NANAVATI
PARAS MOTOR INDUSTRIES THROUGH PROPRIETOR MR. ADISH KUMAR N JAIN – Appellant
Versus
MANAGING DIRECTOR, GUJARAT STATE ROAD TRANSPORT CORPORATION – Respondent


Advocates Appeared:
For the Appellant : MR RASHESH SANJANWALA, MR ASHISH M
DAGLI
For the Respondent: MR NIRAL R MEHTA

JUDGMENT :

VAIBHAVI D. NANAVATI, J.

1. By this writ-application under Article 226 of the Constitution of India, the writ-applicant has prayed for the following reliefs:

    “(A). Your Lordships be pleased to admit this Constitution of India;

(B). Your Lordships be pleased to allow this Special Civil Application by issuing writ of Mandamus or any other appropriate writ, order or direction thereby directing Respondents to reverse the encashment of Bank Guarantee No. J17GPGE162070002 holding the action of the respondent Corporation of encashing the Bank Guarantee to be unjust, illegal, arbitrary;

ALTERNATIVELY

(C). Your Lordships be pleased to allow this Special Civil Application by issuing writ of Mandamus or any other appropriate writ, order or direction thereby directing respondents to refund to the petitioner, the amount of Bank Guarantee No. J17GPGE162070002 of Rs.2,38,90,000 along with bank charges and interest at 9% holding the action of respondent Corporation of encashing the Bank Guarantee to be unjust, illegal, arbitrary;

(D). Your Lordships be pleased to allow this Special Civil application by issuing appropriate writ, order or direction thereby restraining the corporation not to ini

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