IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION NOTICE OF MOTION NO. 45 OF 2008 IN SUIT NO. 36 OF 2008 Vijay Rubber Treads. .... Plaintiff. V/s. Maharashtra State Road Transport Corpn. Ltd. & Anr. .... Defendants. ....... Mr. Rajiv Patil with Mr. Anand Kulkarni for the Plaintiff. Mr. Gopal S. Hegde for Defendant 1. Ms. Rinku Lapasia i/b. Shakuntala Joshi for Defendant 4. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 16TH JANUARY 2008. P.C. :- Counsel appearing on behalf of the Plaintiff states that since the bank guarantee has already been encashed, the Notice of Motion does not survive and the Plaintiff would be at liberty to adopt appropriate proceeding as per law. On the request of Counsel for the Plaintiff, the Notice of Motion is dismissed as infructuous.