IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2897 OF 2006 Four Seasons Marine & Air Services Ltd. and another .. Petitioners Vs The State of Maharashtra and others .. Respondents Mr. T.N. Subramanian with Mr. Kapil Moye i/by Ms. S. Priya for the petitioners. Mr. R.M. Kadam, Advocate General with Mr. Birendra Saraf and Mr. M.H. Kane i/by M/s. A.M. & S.A. Shroff for respondent No.2. Mr. S.R. Ingavale, Assistant Government Pleader for the State. Ms. Meghna Sen i/by M/s. Khaitan & Jayakar for the respondent Nos.3 and 4. CORAM: SWATANTER KUMAR, C.J., & V.M. KANADE , J. DATE : 2ND APRIL , 2008 P.C.: The learned Advocate General submits that because of the subsequent events and without prejudice to the rights and contentions of the State, the present writ petition has been rendered infructuous in asmuch as the private respondents to whom the contract was awarded did not perform as per the terms and conditions of the order and consequently, the contract has been terminated and the allotment made in favour of the private respondent stand cancelled. 2, However, the learned counsel appearing for the petitioners submits that his prayer for allotment of the work as per the Letter of Allotment/ Letter of Award in his favour would still subsist. We are unable to accept this contention. The cause of action itself has extinguished in asmuch as now not only that the earlier contract has been terminated but the State Government has also taken decision to invite fresh tenders which shall be invited shortly. In view of these facts, nothing survives in this petition. The petition is dismissed as it has become infructuous. CHIEF JUSTICE V.M. KANADE, J.