: 1 : s-1451-97=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1451 OF 1997 Hindustan Construction Co. Ltd. .. Plaintiffs v/s. Superintending Engineer Srinagar Construction Circle-III Srinagar (Garhwal), Uttar Pradesh & Ors. .. Defendants ......... Dr. Birendra Saraf for the plaintiffs None for the defendants ......... CORAM : R.Y.GANOO, J. DATE : 19th JANUARY, 2011 P.C. : 1. Heard learned Counsel Mr. Saraf. He has tendered to the Court a copy of the letter dated 24th June, 2009 by which the plaintiffs are informed by Defendant No.3 that the bank guarantee in regard to which the suit has been filed is cancelled from their books and no liability is outstanding against the said bank guarantee. Learned Counsel Mr. Saraf upon instructions states that in view of the developments which have taken place, it is clear that there is no fear of enforcement the said bank guarantee. He applies for withdrawal of the suit as it has become infructuous on the basis of letter coming from State Bank of : 2 : s-1451-97=.sxw India. He seeks liberty to file a fresh suit if required to protect the interest of the plaintiffs in view of the developments which may take place in future. Submissions of learned Counsel Mr. Saraf are noted. Copy of the letter tendered by learned Counsel Mr. Saraf is taken on record. Suit is allowed to be withdrawn with no order as to costs. Liberty as prayed for is granted. Refund of Court fees is granted as per Rules. (R.Y.GANOO, J.)