IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.10629 OF 2009 M/S SHARMA & COMPANY WITH CWJC NO.10756 OF 2009 M/S SHARMA AND COMPANY VERSUS THE STATE OF BIHAR & ORS ----------- 2 31.08.2009. Heard learned counsel for the parties. In C.W.J.C.No. 10629/09 petitioner prays for quashing letter dated 16.7.2009, whereby the Road Construction Department has invoked the bank guarantee contained in annexure 4. In the second writ petition( C.W.J.C.No. 10756/09), the petitioner has prayed for quashing letter dated 30.5.2009 issued by the Executive engineer, Road Construction Division, Sheikhura by which he has asked the bank to revoke bank guarantee. It appears that the petitioners had earlier came to this court against termination of contract. This court by order dated 1.10.2008, passed in C.W.J.C.No. 12662/08 analogous with other cases directed the department to reconsider the matter in view of observations made above. Grievance of the petitioners is that after passing of the aforesaid order, the department has not apprised him of its decision. In the meanwhile, he came to know from letter dated 16.7.2009 of the Chief manager of the Indian Bank contained in annexure 24 that he has been asked to arrange sufficient fund in secured OD a/c 537820570 to honour the payment under invocation of the above said guarantees. - 2 - Having heard the parties, this court is of the view that respondents may give the petitioners a chance to explain their position in respect of invocation of bank guarantee. Thereafter it would be open to the respondents to proceed with the matter in accordance with law. Pending final decision of the authorities, no further action in respect of bank guarantee pursuant to letter dated 16.7.2009, annexure 24 would be taken. The writ petitions stands disposed of with aforesaid observations and directions. Shashi. (Samarendra Pratap Singh,J.)