IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 7693 of 2008 Between: M/s. PCL - STICCO (J.V), having its registered office, at 7th Floor, Raghava North Block, Raghava RAtna Towers, Chirag Ali Lane, Hyderabad rep. by Authorised Mr.Maduri Madhusudhan. ..... PETITIONER AND 1 National Highways Authority of India, (Ministry of Shipping, Road Transport and Highways) G-5, and 6, Sector-10, Dwaraka, New Delhi - 110 075. 2 Indusind Bank Ltd., Secunderabad Branch, 'LAXMI', 100, S.P. Road, Begumpet, Secunderabad Rep. by its Branch Manager. 3 DHV Construction, Supervision Consultants, A1-DURA, Pathasa, Gopalapur Road, Bahadurpeta P.O. Ganjam District - 760 007, Orissa State. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate order, direction or a Writ more particularly one in the nature of a Writ of Mandamus declaring that the action of first respondent to invoke the bank guarantees given by the petitioner against the discretionary advance given by the first respondent is arbitrary, unreasonable and violative of the constitutional mandate under Article 14 of the Constitution apart from being in violation of the terms and conditions of the bank guarantee and also vitiated by fraud, in the exercise of the power of invocation conferred under the terms of the bank guarantee and without taking into consideration the special equities in favour of the petitioner and particularly the delayed action in express violation of the terms of the contract resulting in the frustration of the contract itself which is violative of articles 14, 20 and 300A of the Constitution of India and to pass such other order or orders. Counsel for the Petitioner:MR.THANNIRU SRINIVAS Counsel for the Respondent No.: M.V.KINI&CO.ADVOCATES& SOLICITORS ORDER: Sri T.Srinivas, learned counsel for the petitioner filed a letter in the registry seeking permission of the court to withdraw the writ petition with liberty to institute fresh proceedings in proper forum having jurisdiction. Accordingly, permission is granted and the writ petition is dismissed as withdrawn with liberty as prayed for. No costs. N.V.RAMANA,J DT.19.2.2009 msv