The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.15066 of 2011 Dated 7th June, 2011 Between: M/s.Talupula Engineering Company, New Delhi, rep. by its Proprietor and Chief Executive Sri Nanda Gopal Gandham. …Petitioner and Union of India through Secretary, Ministry of Railways, New Delhi, and 5 others. …Respondents Counsel for the petitioner: Sri K.S.Gopalakrishnan Counsel for respondent Nos.1 to 4: Mr.R.S.Murthy, SC for Railways Counsel for respondent Nos.5 & 6: ----- The Court made the following: Order: This Writ Petition is filed for the following substantive relief: “to issue a writ, order or direction, more particularly in the nature of writ of Mandamus restraining respondent Nos.1 to 4 from encashing the Bank Guarantee No.0506110BG0000973, dated 16-12-2010, for an amount of Rs.69,74,468/- issued by respondent No.6 as security towards the satisfactory performance of the railway line construction work by the writ petitioner in respect of Contract Agreement No.OHE/ON/Dy.CEE/62, dated 17-01-2007, (LOA.No.E.320/Tender/WC/62 of Southern Railway) between Ernakulam- Mulanturthi Stations, Trivandram Division of Southern Railway against other contracts i.e., Tirupati-Pakala-Katpadi.” After arguing the case for some time, Sri K.S.Gopalakrishnan, learned Counsel for the petitioner, sought for permission of the Court to withdraw the Writ Petition with liberty to his client to file a civil suit before the competent civil Court. The request of the learned Counsel for the petitioner is accepted and the Writ Petition is, accordingly, dismissed as withdrawn with liberty in terms of the prayer made. As a sequel to dismissal of the Writ Petition, WPMP.No.18096 of 2011, filed by the petitioner for interim relief, is dismissed as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) Dated 7th June, 2011 Note: CC by tomorrow. (B/o) lur