bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.968 OF 2009 PETITION NO.968 OF 2009 PETITION NO.968 OF 2009 M/s.Kiran Construction & Ors. ..Petitioners Vs. Nashik Dist.Industrial Mercantile Co.op. Bank Ltd. & Anr. ..Respondents Mr.L.H.Patil for the Petitioners. CORAM CORAM CORAM :- V.C.DAGA,J. :- V.C.DAGA,J. :- V.C.DAGA,J. DATE DATE DATE : 29TH JANUARY,2009 : 29TH JANUARY,2009 : 29TH JANUARY,2009 P.C. P.C. P.C. 1. Heard learned Counsel for Petitioners. Perused Petition. 2. This Petition filed under Article 227 of the Constitution of India is directed against the order dated 17th September, 2008 whereby the Appeal filed by the Petitioner came to be dismissed. 3. The factual matrix reveals that the present Petitioner has borrowed money from Respondent No.1 Bank by way of working capital to complete the construction work allotted by Municipal Council. The Petitioner could not complete construction work. This has given rise to the dispute between the Municipal Council and Petitioner/Contractor. The Municipal Council appears to have retained certain amount from the bills payable to the Petitioner in view of the in-complete work left by Petitioner-Contractor. :2: 4. In the above view of the matter, considering the dispute between Contractor and Municipal Council, the Cooperative Court discharged the Municipal Council from its alleged liability to pay holding that there was no privity of contract between the Bank and the Municipal Council. 5. The alleged letter given by Chief Officer, Sinnar Municipal Council cannot be termed to be the guarantee bond. Apart from the fact that it was not duly stamped. It was not admissible in evidence under the Indian Evidence Act. 6. In the above view of the matter, the Municipal Council was rightly discharged by the Cooperative Court. No fault can be found in the impugned order. Hence, the Petition is devoid of any substance. It stands dismissed in limine. No order as to costs. (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.)