1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 2507 OF 2006 IN SUIT NO. 2122 OF 2006. Smt. Geeta Rani Aggarwal. ..Plaintiff. vs. Mahanagar Telephone Nigam Ltd. ..Defendants. .... Mr. D.R. Shah, for Plaintiff. Mr. S.r. Rajguru, for Defendants. .... CORAM : S.J. KATHAWALLA, J. DATE : 14TH DECEMBER 2010. P.C. The above Suit is filed by the Plaintiff against the Defendants - Mahanagar Telephone Nigam Limited (MTNL) for a declaration that the Defendants have no right to encash the bank guarantee no.025 of 2005 dated 6th July 2005 for a sum of Rs. 8,00,000/- issued by South Indian Bank Limited, Janakpuri Branch, New Delhi-110 058, and for a permanent order and injunction restraining the Defendants from encashing the said bank guarantee. 2. The Notice of Motion is taken out by the Defendants under section 8 of the Arbitration Act seeking directions to refer the parties to the dispute to arbitration as per the Arbitration Agreement contained in Clauses 25.1 to 25.3 of the tender dated 25th July 2005. However, this Court is informed by the learned Advocates for the parties that the Defendants – MTNL have already encashed the bank guarantee in the year 2006. 2 3. In view thereof, the Suit as filed has become infructuous. The Plaintiffs have not sought any amendment after the said encashment of the bank guarantee. The learned Advocate appearing for the Defendants-MTNL agrees that the question therefore of referring the Suit for arbitration as sought, does not arise. 4. In view thereof, no orders are passed in the Notice of Motion and the Notice of Motion is disposed of as dismissed. [ S.J. KATHAWALLA, J. ]