1 HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION. NOTICE OF MOTION NO.774/2009 IN SUIT NO.439/2009 Hathway Bhavani Cabletel and Datacom Ltd.. ..Plaintiff -VERSUS- Jawaharlal Nehru Port Trust and another. ..Defendants ......... Mr.Rajmani Verma, Advocate i/b Navdeep Vora and Associates, for the Plaintiffs. Mr.P.N.Singh, Advocate i/b Vyas and Bhalwal, for the Defendant No.1. .......... CORAM : A.P.DESHPANDE, J. DATED : 08th APRIL, 2009. P.C. : 1. By the present notice of motion the Plaintiff has sought an injunction seeking to restrain the Defendant No.1 from invoking the bank guarantee dated 16.04.2004 as amended by letter of guarantee dated 03.12.2007 and letter dated 29.03.2008. 2. The learned counsel appearing for the Defendant No.1 makes a categorical statement that after the period of bank guarantee 2 expired, the Defendant No.1 invoked the bank guarantee and the Defendant No.2 Bank has refused the payment on the ground that time stipulated for the bank guarantee has expired. 3. In that view of the matter, apprehension of the Plaintiff about invoking the bank guarantee after expiry of the period does not hold good. The notice of motion stands disposed of as infructuous. JUDGE