- (1.) ON April 24, 2009, an ad interim order was passed by the Hon'ble justice Patherya to the following effect: "the said agreement, therefore, has been incorporated in the bank guarantee and the term on the basis of which the said bank guarantee was furnished was for payment of land rate and other related dues. Therefore, by incorporation of the terms of the said agreement into the terms of the bank guarantee, it is clear that invocation will be as per the terms of the agreement for which the guarantee has been given. It is unknown whether the respondents seek to invoke the bank guarantee or not. No submission in this regard has been made and suffice it to say, invocation, if any, be as per the terms of the agreement by which incorporation is a term of the guarantee. " Direction for filing affidavits was given. The aforesaid observation is binding upon this court as exercising coordinate jurisdiction I cannot rectify the aforesaid observation.
(2.) JUSTICE Patherya did not pass any order presumably as there was no attempt to invoke the bank guarantee.
(3.) TODAY the situation remains the same. So I do not find any reason to pass fresh order or any other order. I merely accept earlier order for disposal of this application. The application is accordingly disposed of. Since no affidavit in opposition has been filed by the respondents, the allegations made in the petition are not admitted. Liberty is given to the parties to mention the matter if the occasion so arises.;