Chandka 1 NM-S-L-673-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. OF 2011 IN SUIT (L) NO. 673 OF 2011 T. M. Tyres Ltd. ..Plaintiff versus Maharashtra State Road Transport Corporation & Anr. ..Defendants Mr. Mehul Shah with Mr. Bharat Joshi for Plaintiff. Mr. G. S. Hegde for Defendant No. 1. CORAM : DR. D. Y. CHANDRACHUD, J. 18 March 2011. P.C. : Leave under Rule 146 of the High Court (O.S.) Rules 1980 is granted to the Plaintiff to take out Notice of Motion in terms of the draft Notice of Motion handed in. 2. Leave under Order II Rule 2 of the Code of Civil Procedure, 1908 is granted. Chandka 2 NM-S-L-673-11 3. At the hearing of the Motion, learned counsel appearing on behalf of the Defendants states that since the Bank Guarantee has been invoked on 25 February 2011 without lodging a claim on the Plaintiff as required by the terms of the Guarantee dated 10 December 2009, the Defendants will recall the letter of invocation dated 25 February 2011 immediately without prejudice to the rights of the Defendants to follow the requirements of the Guarantee for the purpose of invocation. In view of the statement which has been made on behalf of the Defendants, the learned counsel appearing on behalf of the Plaintiff states that no further relief is sought in the Motion or in the Suit. The Suit is dismissed as withdrawn. There shall be a refund of court fees, if any, as per the Rules. In the circumstances, the Motion does not survive and is accordingly disposed of. 4. It is however clarified that while it will be open to the Defendants to seek recourse to their remedies, in accordance with the terms of the Guarantee, the Plaintiff would be entitled to institute fresh proceedings, in the event of a fresh invocation of the Bank Guarantee. (Dr. D. Y. Chandrachud, J.)