- (1.) The petitioners have referred to several extraneous matters in seeking to assail the invocation by the West Bengal Power Development Corporation of an unconditional bank guarantee furnished at the behest of the petitioner company. The petitioners complain that notwithstanding the agreement between the Power Development Corporation and the first petitioner that the first petitioner would be entitled to demolish, dismantle and remove all the goods pertaining to the decommissioned unit Nos. 1, 2, 3 and 4 at the Santaldih Thermal Power Station, the respondent authorities have permitted the goods to be removed by others and despite complaints by the petitioners, the respondent authorities have paid no heed thereto.
(2.) The releverence to such matter as above in connection with the bank guarantee is as relevant as the weather outside the Court room.
(3.) The petitioners also complain that the beneficiary has invoked the bank guarantee by writing directly to the bank and not marking a copy thereof to the petitioner company. If the Power Development Corporation has taken such a step, it is refreshingly original and must be encouraged. Oftentimes, beneficiaries of bank guarantees, particularly public bodies which are beneficiaries, favour the contractor by forwarding a copy of the letter of invocation and thus open a window for the contractor to obtain an injunction against the letter of invocation.;