Since the validity of the bank guarantee expired on 17 August 2010 the aforesaid amount should have been deposited by bank concerned in terms of the aforesaid clause. Accordingly, we direct the concerned Chief Manager (COCS), CAG Branch, Kolkata to show cause as to why appropriate order should not be passed making the bank liable for not paying the aforesaid amount in terms of the bank guarantee clause. It would be open for the concerned Chief Manager on behalf of the bank to appear before this Court, if so advised and to show cause as to why such appropriate order should not be passed.

GA No. 1952 OF 2011 WITH APO 343 of 1998 AC 98 of 1993 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE EASTERN COALFIELDS LTD. Versus UNITED ENTERPRISES (INDIA) BEFORE: The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 9th August, 2011. The Court :-The department has reported that in terms of the order of the Court the bank guarantee was furnished and the said original bank guarantee was valid till 16 August, 2010. In the bank guarantee there has been a clause to the effect in case of the appellant fails to renew the bank guarantee within 14 days before the date of its expiry or before the date of expiry of any subsequent renewal thereof then and in that event the bank shall forthwith and of its own accord without any further order of this Court of without any demand deposit with the Registrar, Original Side, High Court, Calcutta the said sum of Rs.4,31,972.59 being the amount secured under this Bond along with a sum of Rs.4319.72 being the amount of commission payable on the said sum of Rs.4,31,972.59 to the Registrar, Original Side, High Court under the Rules of this Hon’ble Court totalling to a sum of Rs.4,36,292.31. Since the validity of the bank guarantee expired on 17 August 2010 the aforesaid amount should have been deposited by bank concerned in terms of the aforesaid clause. Accordingly, we direct the concerned Chief Manager (COCS), CAG Branch, Kolkata to show cause as to why appropriate order should not be passed making the bank liable for not paying the aforesaid amount in terms of the bank guarantee clause. It would be open for the concerned Chief Manager on behalf of the bank to appear before this Court, if so advised and to show cause as to why such appropriate order should not be passed. Needless to mention, Registrar, Original side will communicate this order to the concerned Chief Manager, State Bank of India, CAG Branch Kolkata. Let the Renewal Bank guarantee be returned to the Learned Counsel for the petitioner, who shall keep it for the time being. 2 Let the original bank guarantee lying with the Registrar, Original Side be placed before this Court on the next date of hearing. Let this matter appear Wednesday week. Registrar, Original Side, all parties including concerned Chief Manager CAG Branch, Kolkata are to act on a photostat signed copy of this order on the usual undertakings. (KALYAN JYOTI SENGUPTA, J.) (JOYMALYA BAGCHI, J.) GH.