Sri Paran Jyoti Saikia v. The Assam Power Distribution Company Ltd. and 4 Ors

ORDER

18.09.2023 The instant application has been filed by the Applicant in view of a confusion having arisen as regards the effect of the interim order dated

28.04.2017 passed in W.P.(C) No. 2499/2017 pursuant to the judgment and order dated 05.08.2023 passed in W.P.(C) No.2499/2017.

¶2A perusal of the interim order dated 28.04.2017 passed in W.P.(C) No. 2499/2017 shows that this Court stayed the letter dated 25.04.2017 subject to the condition that within 1(one) week from the date of the said order, the Petitioner would communicate to the Respondent Nos. 1 to 3 Page No.# 4/5 intimating that the validity of the Bank Guarantee in question had been extended beyond the next date fixed in the case. The said interim order has been extended from time to time. It is also seen that this Court in its judgment and order dated 05.08.2023 had taken into account at Paragraph No. 12, the Communication issued by the Branch Head of the Punjab National Bank dated 27.09.2018, wherein it was provided that the lien has been marked against the Fixed Deposit of Rs.75,00,000/- of the Petitioner against the contingent future liability towards APDCL subject to this Court's verdict in the instant case. Further to that, it was also certified by the Branch Head of the Punjab National Bank that the Bank Guarantee towards the APDCL for the amount of Rs.75,00,000/- would continue to remain subsisting and in existence till further orders of this Court.

¶3This Court vide the judgment and order dated 05.08.2023 had set aside the impugned letter dated 25.04.2017 whereby the Bank Guarantee was invoked. In view of the setting aside of the impugned letter dated

25.04.2017 which was stayed by this Court vide the interim order dated

28.04.2017, the interim order so passed on 28.04.2017 loses its existence and as such the question of extending the validity of the Bank Guarantee thereupon does not arise.

¶4This Court clarifies that the said interim order dated 28.04.2017 passed in W.P.(C) No. 2499/2017 loses its existence pursuant to the judgment and order dated 05.08.2023 passed in W.P.(C) No.2499/2017 and the Petitioner/Applicant would be at liberty to approach the concerned bank for liquidation of the Fixed Deposit of the amount of Rs.75,00,000/- Page No.# 5/5 in his favour.

¶5With the above observations, the instant application stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010205032023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2805/2023o SRIoPARANoJYOTIoSAIKIAo S/O-oSRIoDHARMAoSAIKIA,oR/O-oHOUSEoNO.o7,oLUTUMA,oP.O-o BINOVANAGAR,oP.S-oFATASILoAMBARI,oGUWAHATI-781018,oDIST-o KAMRUPM,oASSAM VERSUSo THEoASSAMoPOWERoDISTRIBUTIONoCOMPANYoLTD.oando4oORSo REPRESENTEDoBYoTHEoMANAGINGoDIRECTOR,oASSAMoPOWERo DISTRIBUTIONoCOMPANYoLTD.,oBIJULEEoBHAWANANNEXoBUILDING,o PALTANoBAZAR,oDIST-oKAMRUP,oPIN-o781001 2:THEoMANAGINGoDIRECTOR oAPDCL oBIJULEEoBHAWANANNEXoBUILDING oPALTANoBAZAR oDIST-oKAMRUP oPIN-o781001 3:THEoCHIEFoGENERALoMANAGER oAPDCL oBIJULEEoBHAWANANNEXoBUILDING oPALTANoBAZAR oDIST-oKAMRUP oPIN-o781001 4:THEoALLAHABADoBANK oREPRESENTEDoBYoITSoDEPUTYoGENERALoMANAGER oZONALoOFFICE oGoSoROAD oOPPoBORAoSERVICEoSTATION oULUBARI Page No.# 2/5 GUWAHATI PIN- 781007 5:THE DEPUTY GENERAL MANAGER ZONAL OFFICE ALLAHABAD BANK GS ROAD OPP BORA SERVICE STATION ULUBARI GUWAHATI PIN- 78100 Linked Case : WP(C)/2499/2017 SRI PARAN JYOTI SAIKIA S/O- SRI DHARMA SAIKIA R/O- HOUSE NO. 7 LUTUMA P.O- BINOVANAGAR P.S- FATASIL AMBARI GUWAHATI-781018 DIST- KAMRUPM ASSAM VERSUS THE ASSAM POWER DISTRIBUTION COMPANY LTD. and 4 ORS REPRESENTED BY THE MANAGING DIRECTOR ASSAM POWER DISTRIBUTION COMPANY LTD. BIJULEE BHAWANANNEX BUILDING PALTAN BAZAR DIST- KAMRUP PIN- 781001 2:THE MANAGING DIRECTOR APDCL BIJULEE BHAWANANNEX BUILDING PALTAN BAZAR DIST- KAMRUP PIN- 781001 3:THE CHIEF GENERAL MANAGER APDCL BIJULEE BHAWANANNEX BUILDING PALTAN BAZAR DIST- KAMRUP PIN- 781001 Page No.# 3/5 4:THE ALLAHABAD BANK REPRESENTED BY ITS DEPUTY GENERAL MANAGER ZONAL OFFICE G S ROAD OPP BORA SERVICE STATION ULUBARI GUWAHATI PIN- 781007 5:THE DEPUTY GENERAL MANAGER ZONAL OFFICE ALLAHABAD BANK GS ROAD OPP BORA SERVICE STATION ULUBARI GUWAHATI PIN- 781007 ------------ For the Applicant (s) : Mr. A. Sarma, Advocate. For the Respondent (s) : Mr. A. Baruah, Advocate (R- 1 to 3) BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH