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Judgment
The matter appears under the heading ""To Be Mentioned"" today.
On behalf of the appellants, Mr. Majumder, Learned Additional Advocate General, appears with Mr. Chowdhury and Mr. Gupta, Learned Counsel.
The Respondent No. 1 is represented by Mr. Basu Chowdhury, Learned Counsel.
The prayer is made by Learned Senior Counsel for the appellants that since the issue of invocation of the bank guarantee in question is pending for
adjudication before the Learned Trial/Commercial Court in terms of the order of the Hon'ble Division Bench dated 25th of March, 2021, the
Respondent No. 1 be directed to keep the bank guarantee extended beyond 9th of June, 2021, which is submitted to be the current date of its expiry.
Mr. Majumder draws the attention of this Court to the order dated 22nd of April, 2021 whereby the Hon'ble Division Bench was pleased to clarify that
the order of injunction referred to in the second paragraph of its previous order dated 25th of March, 2021, will continue till further order of the
Learned Court below provided that the bank guarantee is renewed by 30th of April, 2021.
Learned Senior Counsel submits that such clarification made by the Hon'ble Division Bench in its order dated 22nd of April, 2021 be reiterated by this
Court so as to ensure that the bank guarantee is kept renewed till the Learned Trial/Commercial Court hears out the injunction application in terms of
the order dated 25th March, 2021 (supra).
Mr. Basu Chowdhury, Learned Counsel, points out and, to the mind of this Court correctly so, that the appeal and its connected application itself was
disposed of by the order dated 25th of March, 2021.
Mr. Basu Chowdhury also points out and, again to the mind of this Court correctly so, that by the order dated 22nd of April, 2021 the Hon'ble Division
Bench merely clarified its order dated 25th of March, 2021 without purporting to grant any additional relief to the appellants.
After hearing the parties and considering the materials placed, this Court recognises the direction of the Hon'ble Division Bench that the parties be
permitted to argue out the injunction application before the Learned Trial/Commercial Court maintaining the terms as already directed by the Hon'ble
Division Bench vide its orders dated 25th March, 2021 and 22nd April, 2021 (supra).
Accordingly, no further orders are called for and IA No. CAN 2 of 2021 stands thus disposed of.
All parties to act in terms of the copy of the order downloaded from the official website of this Court.
Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all necessary formalities.